US (United States) Code. Title 42. Chapter 85: Air pollution prevention and control

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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  • País: Estados Unidos Estados Unidos
  • 226 páginas
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-CITE-

42 USC CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

-MISC1-

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

-MISC1-

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

PART A - AIR QUALITY AND EMISSION LIMITATIONS

Sec.

7401. Congressional findings and declaration of purpose.

(a) Findings.

(b) Declaration.

(c) Pollution prevention.

7402. Cooperative activities.

(a) Interstate cooperation; uniform State laws;

State compacts.

(b) Federal cooperation.

(c) Consent of Congress to compacts.

7403. Research, investigation, training, and other

activities.

(a) Research and development program for prevention

and control of air pollution.

(b) Authorized activities of Administrator in

establishing research and development program.

(c) Air pollutant monitoring, analysis, modeling,

and inventory research.

(d) Environmental health effects research.

(e) Ecosystem research.

(f) Liquified Gaseous Fuels Spill Test Facility.

(g) Pollution prevention and emissions control.

(h) NIEHS studies.

(i) Coordination of research.

(j) Continuation of national acid precipitation

assessment program.

(k) Air pollution conferences.

7404. Research relating to fuels and vehicles.

(a) Research programs; grants; contracts; pilot and

demonstration plants; byproducts research.

(b) Powers of Administrator in establishing

research and development programs.

(c) Clean alternative fuels.

7405. Grants for support of air pollution planning and

control programs.

(a) Amounts; limitations; assurances of plan

development capability.

(b) Terms and conditions; regulations; factors for

consideration; State expenditure limitations.

(c) Maintenance of effort.

(d) Reduction of payments; availability of reduced

amounts; reduced amount as deemed paid to

agency for purpose of determining amount of

grant.

(e) Notice and opportunity for hearing when

affected by adverse action.

7406. Interstate air quality agencies; program cost

limitations.

7407. Air quality control regions.

(a) Responsibility of each State for air quality;

submission of implementation plan.

(b) Designated regions.

(c) Authority of Administrator to designate

regions; notification of Governors of affected

States.

(d) Designations.

(e) Redesignation of air quality control regions.

7408. Air quality criteria and control techniques.

(a) Air pollutant list; publication and revision by

Administrator; issuance of air quality

criteria for air pollutants.

(b) Issuance by Administrator of information on air

pollution control techniques; standing

consulting committees for air pollutants;

establishment; membership.

(c) Review, modification, and reissuance of

criteria or information.

(d) Publication in Federal Register; availability

of copies for general public.

(e) Transportation planning and guidelines.

(f) Information regarding processes, procedures,

and methods to reduce or control pollutants in

transportation; reduction of mobile source

related pollutants; reduction of impact on

public health.

(g) Assessment of risks to ecosystems.

(h) RACT/BACT/LAER clearinghouse.

7409. National primary and secondary ambient air quality

standards.

(a) Promulgation.

(b) Protection of public health and welfare.

(c) National primary ambient air quality standard

for nitrogen dioxide.

(d) Review and revision of criteria and standards;

independent scientific review committee;

appointment; advisory functions.

7410. State implementation plans for national primary and

secondary ambient air quality standards.

(a) Adoption of plan by State; submission to

Administrator; content of plan; revision; new

sources; indirect source review program;

supplemental or intermittent control systems.

(b) Extension of period for submission of plans.

(c) Preparation and publication by Administrator of

proposed regulations setting forth

implementation plan; transportation

regulations study and report; parking

surcharge; suspension authority; plan

implementation.

(d), (e) Repealed.

(f) National or regional energy emergencies;

determination by President.

(g) Governor's authority to issue temporary

emergency suspensions.

(h) Publication of comprehensive document for each

State setting forth requirements of applicable

implementation plan.

(i) Modification of requirements prohibited.

(j) Technological systems of continuous emission

reduction on new or modified stationary

sources; compliance with performance

standards.

(k) Environmental Protection Agency action on plan

submissions.

(l) Plan revisions.

(m) Sanctions.

(n) Savings clauses.

(o) Indian tribes.

(p) Reports.

7411. Standards of performance for new stationary sources.

(a) Definitions.

(b) List of categories of stationary sources;

standards of performance; information on

pollution control techniques; sources owned or

operated by United States; particular systems;

revised standards.

(c) State implementation and enforcement of

standards of performance.

(d) Standards of performance for existing sources;

remaining useful life of source.

(e) Prohibited acts.

(f) New source standards of performance.

(g) Revision of regulations.

(h) Design, equipment, work practice, or

operational standard; alternative emission

limitation.

(i) Country elevators.

(j) Innovative technological systems of continuous

emission reduction.

7412. Hazardous air pollutants.

(a) Definitions.

(b) List of pollutants.

(c) List of source categories.

(d) Emission standards.

(e) Schedule for standards and review.

(f) Standard to protect health and environment.

(g) Modifications.

(h) Work practice standards and other requirements.

(i) Schedule for compliance.

(j) Equivalent emission limitation by permit.

(k) Area source program.

(l) State programs.

(m) Atmospheric deposition to Great Lakes and

coastal waters.

(n) Other provisions.

(o) National Academy of Sciences study.

(p) Mickey Leland National Urban Air Toxics

Research Center.

(q) Savings provision.

(r) Prevention of accidental releases.

(s) Periodic report.

7413. Federal enforcement.

(a) In general.

(b) Civil judicial enforcement.

(c) Criminal penalties.

(d) Administrative assessment of civil penalties.

(e) Penalty assessment criteria.

(f) Awards.

(g) Settlements; public participation.

(h) Operator.

7414. Recordkeeping, inspections, monitoring, and entry.

(a) Authority of Administrator or authorized

representative.

(b) State enforcement.

(c) Availability of records, reports, and

information to public; disclosure of trade

secrets.

(d) Notice of proposed entry, inspection, or

monitoring.

7415. International air pollution.

(a) Endangerment of public health or welfare in

foreign countries from pollution emitted in

United States.

(b) Prevention or elimination of endangerment.

(c) Reciprocity.

(d) Recommendations.

7416. Retention of State authority.

7417. Advisory committees.

(a) Establishment; membership.

(b) Compensation.

(c) Consultations by Administrator.

7418. Control of pollution from Federal facilities.

(a) General compliance.

(b) Exemption.

(c) Government vehicles.

(d) Vehicles operated on Federal installations.

7419. Primary nonferrous smelter orders.

(a) Issuance; hearing; enforcement orders;

statement of grounds for application;

findings.

(b) Prerequisites to issuance of orders.

(c) Second orders.

(d) Interim measures; continuous emission reduction

technology.

(e) Termination of orders.

(f) Violation of requirements.

7420. Noncompliance penalty.

(a) Assessment and collection.

(b) Regulations.

(c) Contract to assist in determining amount of

penalty assessment or payment schedule.

(d) Payment.

(e) Judicial review.

(f) Other orders, payments, sanctions, or

requirements.

(g) More stringent emission limitations or other

requirements.

7421. Consultation.

7422. Listing of certain unregulated pollutants.

(a) Radioactive pollutants, cadmium, arsenic, and

polycyclic organic matter.

(b) Revision authority.

(c) Consultation with Nuclear Regulatory

Commission; interagency agreement; notice and

hearing.

7423. Stack heights.

(a) Heights in excess of good engineering practice;

other dispersion techniques.

(b) Dispersion technique.

(c) Regulations; good engineering practice.

7424. Assurance of adequacy of State plans.

(a) State review of implementation plans which

relate to major fuel burning sources.

(b) Plan revision.

7425. Measures to prevent economic disruption or

unemployment.

(a) Determination that action is necessary.

(b) Use of locally or regionally available coal or

coal derivatives to comply with implementation

plan requirements.

(c) Contracts; schedules.

(d) Existing or new major fuel burning stationary

sources.

(e) Actions not to be deemed modifications of major

fuel burning stationary sources.

(f) Treatment of prohibitions, rules, or orders as

requirements or parts of plans under other

provisions.

(g) Delegation of Presidential authority.

(h) "Locally or regionally available coal or coal

derivatives" defined.

7426. Interstate pollution abatement.

(a) Written notice to all nearby States.

(b) Petition for finding that major sources emit or

would emit prohibited air pollutants.

(c) Violations; allowable continued operation.

7427. Public notification.

(a) Warning signs; television, radio, or press

notices or information.

(b) Grants.

7428. State boards.

7429. Solid waste combustion.

(a) New source performance standards.

(b) Existing units.

(c) Monitoring.

(d) Operator training.

(e) Permits.

(f) Effective date and enforcement.

(g) Definitions.

(h) Other authority.

7430. Emission factors.

7431. Land use authority.

PART B - OZONE PROTECTION

7450 to 7459. Repealed.

PART C - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

SUBPART I - CLEAN AIR

7470. Congressional declaration of purpose.

7471. Plan requirements.

7472. Initial classifications.

(a) Areas designated as class I.

(b) Areas designated as class II.

7473. Increments and ceilings.

(a) Sulfur oxide and particulate matter;

requirement that maximum allowable increases

and maximum allowable concentrations not be

exceeded.

(b) Maximum allowable increases in concentrations

over baseline concentrations.

(c) Orders or rules for determining compliance with

maximum allowable increases in ambient

concentrations of air pollutants.

7474. Area redesignation.

(a) Authority of States to redesignate areas.

(b) Notice and hearing; notice to Federal land

manager; written comments and recommendations;

regulations; disapproval of redesignation.

(c) Indian reservations.

(d) Review of national monuments, primitive areas,

and national preserves.

(e) Resolution of disputes between State and Indian

tribes.

7475. Preconstruction requirements.

(a) Major emitting facilities on which construction

is commenced.

(b) Exception.

(c) Permit applications.

(d) Action taken on permit applications; notice;

adverse impact on air quality related values;

variance; emission limitations.

(e) Analysis; continuous air quality monitoring

data; regulations; model adjustments.

7476. Other pollutants.

(a) Hydrocarbons, carbon monoxide, petrochemical

oxidants, and nitrogen oxides.

(b) Effective date of regulations.

(c) Contents of regulations.

(d) Specific measures to fulfill goals and

purposes.

(e) Area classification plan not required.

(f) PM-10 increments.

7477. Enforcement.

7478. Period before plan approval.

(a) Existing regulations to remain in effect.

(b) Regulations deemed amended; construction

commenced after June 1, 1975.

7479. Definitions.

SUBPART II - VISIBILITY PROTECTION

7491. Visibility protection for Federal class I areas.

(a) Impairment of visibility; list of areas; study

and report.

(b) Regulations.

(c) Exemptions.

(d) Consultations with appropriate Federal land

managers.

(e) Buffer zones.

(f) Nondiscretionary duty.

(g) Definitions.

7492. Visibility.

(a) Studies.

(b) Impacts of other provisions.

(c) Establishment of visibility transport regions

and commissions.

(d) Duties of visibility transport commissions.

(e) Duties of Administrator.

(f) Grand Canyon visibility transport commission.

PART D - PLAN REQUIREMENTS FOR NONATTAINMENT AREAS

SUBPART 1 - NONATTAINMENT AREAS IN GENERAL

7501. Definitions.

7502. Nonattainment plan provisions in general.

(a) Classifications and attainment dates.

(b) Schedule for plan submissions.

(c) Nonattainment plan provisions.

(d) Plan revisions required in response to finding

of plan inadequacy.

(e) Future modification of standard.

7503. Permit requirements.

(a) In general.

(b) Prohibition on use of old growth allowances.

(c) Offsets.

(d) Control technology information.

(e) Rocket engines or motors.

7504. Planning procedures.

(a) In general.

(b) Coordination.

(c) Joint planning.

7505. Environmental Protection Agency grants.

(a) Plan revision development costs.

(b) Uses of grant funds.

7505a. Maintenance plans.

(a) Plan revision.

(b) Subsequent plan revisions.

(c) Nonattainment requirements applicable pending

plan approval.

(d) Contingency provisions.

7506. Limitations on certain Federal assistance.

(a), (b) Repealed.

(c) Activities not conforming to approved or

promulgated plans.

(d) Priority of achieving and maintaining national

primary ambient air quality standards.

7506a. Interstate transport commissions.

(a) Authority to establish interstate transport

regions.

(b) Transport commissions.

(c) Commission requests.

7507. New motor vehicle emission standards in nonattainment

areas.

7508. Guidance documents.

7509. Sanctions and consequences of failure to attain.

(a) State failure.

(b) Sanctions.

(c) Notice of failure to attain.

(d) Consequences for failure to attain.

7509a. International border areas.

(a) Implementation plans and revisions.

(b) Attainment of ozone levels.

(c) Attainment of carbon monoxide levels.

(d) Attainment of PM-10 levels.

SUBPART 2 - ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS

7511. Classifications and attainment dates.

(a) Classification and attainment dates for 1989

nonattainment areas.

(b) New designations and reclassifications.

(c) References to terms.

7511a. Plan submissions and requirements.

(a) Marginal Areas.

(b) Moderate Areas.

(c) Serious Areas.

(d) Severe Areas.

(e) Extreme Areas.

(f) NOG5x requirements.

(g) Milestones.

(h) Rural transport areas.

(i) Reclassified areas.

(j) Multi-State ozone nonattainment areas.

7511b. Federal ozone measures.

(a) Control techniques guidelines for VOC sources.

(b) Existing and new CTGS.

(c) Alternative control techniques.

(d) Guidance for evaluating cost-effectiveness.

(e) Control of emissions from certain sources.

(f) Tank vessel standards.

(g) Ozone design value study.

(h) Vehicles entering ozone nonattainment areas.

7511c. Control of interstate ozone air pollution.

(a) Ozone transport regions.

(b) Plan provisions for States in ozone transport

regions.

(c) Additional control measures.

(d) Best available air quality monitoring and

modeling.

7511d. Enforcement for Severe and Extreme ozone nonattainment

areas for failure to attain.

(a) General rule.

(b) Computation of fee.

(c) Exception.

(d) Fee collection by Administrator.

(e) Exemptions for certain small areas.

7511e. Transitional areas.

7511f. NOG5x and VOC study.

SUBPART 3 - ADDITIONAL PROVISIONS FOR CARBON MONOXIDE NONATTAINMENT

AREAS

7512. Classification and attainment dates.

(a) Classification by operation of law and

attainment dates for nonattainment areas.

(b) New designations and reclassifications.

(c) References to terms.

7512a. Plan submissions and requirements.

(a) Moderate Areas.

(b) Serious Areas.

(c) Areas with significant stationary source

emissions of CO.

(d) CO milestone.

(e) Multi-State CO nonattainment areas.

(f) Reclassified areas.

(g) Failure of Serious Area to attain standard.

SUBPART 4 - ADDITIONAL PROVISIONS FOR PARTICULATE MATTER

NONATTAINMENT AREAS

7513. Classifications and attainment dates.

(a) Initial classifications.

(b) Reclassification as Serious.

(c) Attainment dates.

(d) Extension of attainment date for Moderate

Areas.

(e) Extension of attainment date for Serious Areas.

(f) Waivers for certain areas.

7513a. Plan provisions and schedules for plan submissions.

(a) Moderate Areas.

(b) Serious Areas.

(c) Milestones.

(d) Failure to attain.

(e) PM-10 precursors.

7513b. Issuance of RACM and BACM guidance.

SUBPART 5 - ADDITIONAL PROVISIONS FOR AREAS DESIGNATED

NONATTAINMENT FOR SULFUR OXIDES, NITROGEN DIOXIDE, OR LEAD

7514. Plan submission deadlines.

(a) Submission.

(b) States lacking fully approved State

implementation plans.

7514a. Attainment dates.

(a) Plans under section 7514(a).

(b) Plans under section 7514(b).

(c) Inadequate plans.

SUBPART 6 - SAVINGS PROVISIONS

7515. General savings clause.

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

PART A - MOTOR VEHICLE EMISSION AND FUEL STANDARDS

7521. Emission standards for new motor vehicles or new motor

vehicle engines.

(a) Authority of Administrator to prescribe by

regulation.

(b) Emissions of carbon monoxide, hydrocarbons, and

oxides of nitrogen; annual report to Congress;

waiver of emission standards; research

objectives.

(c) Feasibility study and investigation by National

Academy of Sciences; reports to Administrator

and Congress; availability of information.

(d) Useful life of vehicles.

(e) New power sources or propulsion systems.

(f) High altitude regulations.

(g) Light-duty trucks up to 6,000 lbs. GVWR and

light-duty vehicles; standards for model years

after 1993.

(h) Light-duty trucks of more than 6,000 lbs. GVWR;

standards for model years after 1995.

(i) Phase II study for certain light-duty vehicles

and light-duty trucks.

(j) Cold CO standard.

(k) Control of evaporative emissions.

(l) Mobile source-related air toxics.

(m) Emissions control diagnostics.

(f) Model years after 1990.

7522. Prohibited acts.

(a) Enumerated prohibitions.

(b) Exemptions; refusal to admit vehicle or engine

into United States; vehicles or engines

intended for export.

7523. Actions to restrain violations.

(a) Jurisdiction.

(b) Actions brought by or in name of United States;

subpenas.

7524. Civil penalties.

(a) Violations.

(b) Civil actions.

(c) Administrative assessment of certain penalties.

7525. Motor vehicle and motor vehicle engine compliance

testing and certification.

(a) Testing and issuance of certificate of

conformity.

(b) Testing procedures; hearing; judicial review;

additional evidence.

(c) Inspection.

(d) Rules and regulations.

(e) Publication of test results.

(f) High altitude regulations.

(g) Nonconformance penalty.

(h) Review and revision of regulations.

7541. Compliance by vehicles and engines in actual use.

(a) Warranty; certification; payment of replacement

costs of parts, devices, or components

designed for emission control.

(b) Testing methods and procedures.

(c) Nonconforming vehicles; plan for remedying

nonconformity; instructions for maintenance

and use; label or tag.

(d) Dealer costs borne by manufacturer.

(e) Cost statement.

(f) Inspection after sale to ultimate purchaser.

(g) Replacement and maintenance costs borne by

owner.

(h) Dealer certification.

(i) Warranty period.

7542. Information collection.

(a) Manufacturer's responsibility.

(b) Enforcement authority.

(c) Availability to public; trade secrets.

7543. State standards.

(a) Prohibition.

(b) Waiver.

(c) Certification of vehicle parts or engine parts.

(d) Control, regulation, or restrictions on

registered or licensed motor vehicles.

(e) Nonroad engines or vehicles.

7544. State grants.

7545. Regulation of fuels.

(a) Authority of Administrator to regulate.

(b) Registration requirement.

(c) Offending fuels and fuel additives; control;

prohibition.

(d) Penalties and injunctions.

(e) Testing of fuels and fuel additives.

(f) New fuels and fuel additives.

(g) Misfueling.

(h) Reid vapor pressure requirements.

(i) Sulfur content requirements for diesel fuel.

(j) Lead substitute gasoline additives.

(k) Reformulated gasoline for conventional

vehicles.

(l) Detergents.

(m) Oxygenated fuels.

(n) Prohibition on leaded gasoline for highway use.

(o) Fuel and fuel additive importers and

importation.

7546. Repealed.

7547. Nonroad engines and vehicles.

(a) Emissions standards.

(b) Effective date.

(c) Safe controls.

(d) Enforcement.

7548. Study of particulate emissions from motor vehicles.

(a) Study and analysis.

(b) Report to Congress.

7549. High altitude performance adjustments.

(a) Instruction of the manufacturer.

(b) Regulations.

(c) Manufacturer parts.

(d) State inspection and maintenance programs.

(e) High altitude testing.

7550. Definitions.

7551. Omitted.

7552. Motor vehicle compliance program fees.

(a) Fee collection.

(b) Special Treasury fund.

(c) Limitation on fund use.

(d) Administrator's testing authority.

7553. Prohibition on production of engines requiring leaded

gasoline.

7554. Urban bus standards.

(a) Standards for model years after 1993.

(b) PM standard.

(c) Low-polluting fuel requirement.

(d) Retrofit requirements.

(e) Procedures for administration and enforcement.

(f) Definitions.

PART B - AIRCRAFT EMISSION STANDARDS

7571. Establishment of standards.

(a) Study; proposed standards; hearings; issuance

of regulations.

(b) Effective date of regulations.

(c) Regulations which create hazards to aircraft

safety.

7572. Enforcement of standards.

(a) Regulations to insure compliance with

standards.

(b) Notice and appeal rights.

7573. State standards and controls.

7574. Definitions.

PART C - CLEAN FUEL VEHICLES

7581. Definitions.

7582. Requirements applicable to clean-fuel vehicles.

(a) Promulgation of standards.

(b) Other requirements.

(c) In-use useful life and testing.

7583. Standards for light-duty clean-fuel vehicles.

(a) Exhaust standards for light-duty vehicles and

certain light-duty trucks.

(b) Exhaust standards for light-duty trucks of more

than 3,750 lbs. LVW and up to 5,750 lbs. LVW

and up to 6,000 lbs. GVWR.

(c) Exhaust standards for light-duty trucks greater

than 6,000 lbs. GVWR.

(d) Flexible and dual-fuel vehicles.

(e) Replacement by CARB standards.

(f) Less stringent CARB standards.

(g) Not applicable to heavy-duty vehicles.

7584. Administration and enforcement as per California

standards.

7585. Standards for heavy-duty clean-fuel vehicles (GVWR

above 8,500 up to 26,000 lbs).

(a) Model years after 1997; combined NOG5x and

NMHC standard.

(b) Revised standards that are less stringent.

7586. Centrally fueled fleets.

(a) Fleet program required for certain

nonattainment areas.

(b) Phase-in of requirements.

(c) Accelerated standard for light-duty trucks up

to 6,000 lbs. GVWR and light-duty vehicles.

(d) Choice of vehicles and fuel.

(e) Availability of clean alternative fuel.

(f) Credits.

(g) Availability to public.

(h) Transportation control measures.

7587. Vehicle conversions.

(a) Conversion of existing and new conventional

vehicles to clean-fuel vehicles.

(b) Regulations.

(c) Enforcement.

(d) Tampering.

(e) Safety.

7588. Federal agency fleets.

(a) Additional provisions applicable.

(b) Cost of vehicles to Federal agency.

(c) Limitations on appropriations.

(d) Vehicle costs.

(e) Exemptions.

(f) Acquisition requirement.

(g) Authorization of appropriations.

7589. California pilot test program.

(a) Establishment.

(b) Applicability.

(c) Program requirements.

(d) Credits for motor vehicle manufacturers.

(e) Program evaluation.

(f) Voluntary opt-in for other States.

7590. General provisions.

(a) State refueling facilities.

(b) No production mandate.

(c) Tank and fuel system safety.

(d) Consultation with Department of Energy and

Department of Transportation.

SUBCHAPTER III - GENERAL PROVISIONS

7601. Administration.

(a) Regulations; delegation of powers and duties;

regional officers and employees.

(b) Detail of Environmental Protection Agency

personnel to air pollution control agencies.

(c) Payments under grants; installments; advances

or reimbursements.

(d) Tribal authority.

7602. Definitions.

7603. Emergency powers.

7604. Citizen suits.

(a) Authority to bring civil action; jurisdiction.

(b) Notice.

(c) Venue; intervention by Administrator; service

of complaint; consent judgment.

(d) Award of costs; security.

(e) Nonrestriction of other rights.

(f) "Emission standard or limitation under this

chapter" defined.

(g) Penalty fund.

7605. Representation in litigation.

(a) Attorney General; attorneys appointed by

Administrator.

(b) Memorandum of understanding regarding legal

representation.

7606. Federal procurement.

(a) Contracts with violators prohibited.

(b) Notification procedures.

(c) Federal agency contracts.

(d) Exemptions; notification to Congress.

7607. Administrative proceedings and judicial review.

(a) Administrative subpenas; confidentiality;

witnesses.

(b) Judicial review.

(c) Additional evidence.

(d) Rulemaking.

(e) Other methods of judicial review not

authorized.

(f) Costs.

(g) Stay, injunction, or similar relief in

proceedings relating to noncompliance

penalties.

(h) Public participation.

7608. Mandatory licensing.

7609. Policy review.

(a) Environmental impact.

(b) Unsatisfactory legislation, action, or

regulation.

7610. Other authority.

(a) Authority and responsibilities under other laws

not affected.

(b) Nonduplication of appropriations.

7611. Records and audit.

(a) Recipients of assistance to keep prescribed

records.

(b) Audits.

7612. Economic impact analyses.

(a) Cost-benefit analysis.

(b) Benefits.

(c) Costs.

(d) Initial report.

(e) Omitted.

(f) Appointment of Advisory Council on Clean Air

Compliance Analysis.

(g) Duties of Advisory Council.

7613. Repealed.

7614. Labor standards.

7615. Separability.

7616. Sewage treatment grants.

(a) Construction.

(b) Withholding, conditioning, or restriction of

construction grants.

(c) National Environmental Policy Act.

7617. Economic impact assessment.

(a) Notice of proposed rulemaking; substantial

revisions.

(b) Preparation of assessment by Administrator.

(c) Analysis.

(d) Extensiveness of assessment.

(e) Limitations on construction of section.

(f) Citizen suits.

(g) Costs.

7618. Repealed.

7619. Air quality monitoring.

7620. Standardized air quality modeling.

(a) Conferences.

(b) Conferees.

(c) Comments; transcripts.

(d) Promulgation and revision of regulations

relating to air quality modeling.

7621. Employment effects.

(a) Continuous evaluation of potential loss or

shifts of employment.

(b) Request for investigation; hearings; record;

report.

(c) Subpenas; confidential information; witnesses;

penalty.

(d) Limitations on construction of section.

7622. Employee protection.

(a) Discharge or discrimination prohibited.

(b) Complaint charging unlawful discharge or

discrimination; investigation; order.

(c) Review.

(d) Enforcement of order by Secretary.

(e) Enforcement of order by person on whose behalf

order was issued.

(f) Mandamus.

(g) Deliberate violation by employee.

7623. Repealed.

7624. Cost of vapor recovery equipment.

(a) Costs to be borne by owner of retail outlet.

(b) Payment by lessee.

7625. Vapor recovery for small business marketers of

petroleum products.

(a) Marketers of gasoline.

(b) State requirements.

(c) Refiners.

7625-1. Exemptions for certain territories.

7625a. Statutory construction.

7626. Authorization of appropriations.

(a) In general.

(b) Grants for planning.

7627. Air pollution from Outer Continental Shelf activities.

(a) Applicable requirements for certain areas.

(b) Requirements for other offshore areas.

(c) Coastal waters.

SUBCHAPTER IV - NOISE POLLUTION

7641. Noise abatement.

(a) Office of Noise Abatement and Control.

(b) Investigation techniques; report and

recommendations.

(c) Abatement of noise from Federal activities.

7642. Authorization of appropriations.

SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

7651. Findings and purposes.

(a) Findings.

(b) Purposes.

7651a. Definitions.

7651b. Sulfur dioxide allowance program for existing and new

units.

(a) Allocations of annual allowances for existing

and new units.

(b) Allowance transfer system.

(c) Interpollutant trading.

(d) Allowance tracking system.

(e) New utility units.

(f) Nature of allowances.

(g) Prohibition.

(h) Competitive bidding for power supply.

(i) Applicability of antitrust laws.

(j) Public Utility Holding Company Act.

7651c. Phase I sulfur dioxide requirements.

(a) Emission limitations.

(b) Substitutions.

(c) Administrator's action on substitution

proposals.

(d) Eligible phase I extension units.

(e) Allocation of allowances.

(f) Energy conservation and renewable energy.

(g) Conservation and renewable energy reserve.

(h) Alternative allowance allocation for units in

certain utility systems with optional

baseline.

7651d. Phase II sulfur dioxide requirements.

(a) Applicability.

(b) Units equal to, or above, 75 MWe and 1.20

lbs/mmBtu.

(c) Coal or oil-fired units below 75 MWe and above

1.20 lbs/mmBtu.

(d) Coal-fired units below 1.20 lbs/mmBtu.

(e) Oil and gas-fired units equal to or greater

than 0.60 lbs/mmBtu and less than 1.20

lbs/mmBtu.

(f) Oil and gas-fired units less than 0.60

lbs/mmBtu.

(g) Units that commence operation between 1986 and

December 31, 1995.

(h) Oil and gas-fired units less than 10 percent

oil consumed.

(i) Units in high growth States.

(j) Certain municipally owned power plants.

7651e. Allowances for States with emissions rates at or below

0.80 lbs/mmBtu.

(a) Election of Governor.

(b) Notification of Administrator.

(c) Allowances after January 1, 2010.

7651f. Nitrogen oxides emission reduction program.

(a) Applicability.

(b) Emission limitations.

(c) Revised performance standards.

(d) Alternative emission limitations.

(e) Emissions averaging.

7651g. Permits and compliance plans.

(a) Permit program.

(b) Compliance plan.

(c) First phase permits.

(d) Second phase permits.

(e) New units.

(f) Units subject to certain other limits.

(g) Amendment of application and compliance plan.

(h) Prohibition.

(i) Multiple owners.

7651h. Repowered sources.

(a) Availability.

(b) Extension.

(c) Allowances.

(d) Control requirements.

(e) Expedited permitting.

(f) Prohibition.

7651i. Election for additional sources.

(a) Applicability.

(b) Establishment of baseline.

(c) Emission limitations.

(d) Process sources.

(e) Allowances and permits.

(f) Limitation.

(g) Implementation.

(h) Small diesel refineries.

7651j. Excess emissions penalty.

(a) Excess emissions penalty.

(b) Excess emissions offset.

(c) Penalty adjustment.

(d) Prohibition.

(e) Savings provision.

7651k. Monitoring, reporting, and recordkeeping requirements.

(a) Applicability.

(b) First phase requirements.

(c) Second phase requirements.

(d) Unavailability of emissions data.

(e) Prohibition.

7651l. General compliance with other provisions.

7651m. Enforcement.

7651n. Clean coal technology regulatory incentives.

(a) "Clean coal technology" defined.

(b) Revised regulations for clean coal technology

demonstrations.

(c) Exemption for reactivation of very clean units.

7651o. Contingency guarantee, auctions, reserve.

(a) Definitions.

(b) Special reserve of allowances.

(c) Direct sales at $1,500 per ton.

(d) Auction sales.

(e) Changes in sales, auctions, and withholding.

(f) Termination of auctions.

SUBCHAPTER V - PERMITS

7661. Definitions.

7661a. Permit programs.

(a) Violations.

(b) Regulations.

(c) Single permit.

(d) Submission and approval.

(e) Suspension.

(f) Prohibition.

(g) Interim approval.

(h) Effective date.

(i) Administration and enforcement.

7661b. Permit applications.

(a) Applicable date.

(b) Compliance plan.

(c) Deadline.

(d) Timely and complete applications.

(e) Copies; availability.

7661c. Permit requirements and conditions.

(a) Conditions.

(b) Monitoring and analysis.

(c) Inspection, entry, monitoring, certification,

and reporting.

(d) General permits.

(e) Temporary sources.

(f) Permit shield.

7661d. Notification to administrator and contiguous States.

(a) Transmission and notice.

(b) Objection by EPA.

(c) Issuance or denial.

(d) Waiver of notification requirements.

(e) Refusal of permitting authority to terminate,

modify, or revoke and reissue.

7661e. Other authorities.

(a) In general.

(b) Permits implementing acid rain provisions.

7661f. Small business stationary source technical and

environmental compliance assistance program.

(a) Plan revisions.

(b) Program.

(c) Eligibility.

(d) Monitoring.

(e) Compliance Advisory Panel.

(f) Fees.

(g) Continuous emission monitors.

(h) Control technique guidelines.

SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

7671. Definitions.

7671a. Listing of class I and class II substances.

(a) List of class I substances.

(b) List of class II substances.

(c) Additions to the lists.

(d) New listed substances.

(e) Ozone-depletion and global warming potential.

7671b. Monitoring and reporting requirements.

(a) Regulations.

(b) Production, import, and export level reports.

(c) Baseline reports for class I substances.

(d) Monitoring and reports to Congress.

(e) Technology status report in 2015.

(f) Emergency report.

7671c. Phase-out of production and consumption of class I

substances.

(a) Production phase-out.

(b) Termination of production of class I

substances.

(c) Regulations regarding production and

consumption of class I substances.

(d) Exceptions for essential uses of methyl

chloroform, medical devices, and aviation

safety.

(e) Developing countries.

(f) National security.

(g) Fire suppression and explosion prevention.

(h) Methyl bromide.

7671d. Phase-out of production and consumption of class II

substances.

(a) Restriction of use of class II substances.

(b) Production phase-out.

(c) Regulations regarding production and

consumption of class II substances.

(d) Exceptions.

7671e. Accelerated schedule.

(a) In general.

(b) Petition.

7671f. Exchange authority.

(a) Transfers.

(b) Interpollutant transfers.

(c) Trades with other persons.

(d) Consumption.

7671g. National recycling and emission reduction program.

(a) In general.

(b) Safe disposal.

(c) Prohibitions.

7671h. Servicing of motor vehicle air conditioners.

(a) Regulations.

(b) Definitions.

(c) Servicing motor vehicle air conditioners.

(d) Certification.

(e) Small containers of class I or class II

substances.

7671i. Nonessential products containing chlorofluorocarbons.

(a) Regulations.

(b) Nonessential products.

(c) Effective date.

(d) Other products.

(e) Medical devices.

7671j. Labeling.

(a) Regulations.

(b) Containers containing class I or class II

substances and products containing class I

substances.

(c) Products containing class II substances.

(d) Products manufactured with class I and class II

substances.

(e) Petitions.

(f) Relationship to other law.

7671k. Safe alternatives policy.

(a) Policy.

(b) Reviews and reports.

(c) Alternatives for class I or II substances.

(d) Right to petition.

(e) Studies and notification.

7671l. Federal procurement.

7671m. Relationship to other laws.

(a) State laws.

(b) Montreal Protocol.

(c) Technology export and overseas investment.

7671n. Authority of Administrator.

7671o. Transfers among Parties to Montreal Protocol.

(a) In general.

(b) Effect of transfers on production limits.

(c) Regulations.

(d) "Applicable domestic law" defined.

7671p. International cooperation.

(a) In general.

(b) Assistance to developing countries.

7671q. Miscellaneous provisions.

-COD-

CODIFICATION

Act July 14, 1955, ch. 360, 69 Stat. 322, as amended, known as

the Clean Air Act, which was formerly classified to chapter 15B

(Sec. 1857 et seq.) of this title, was completely revised by Pub.

L. 95-95, Aug. 7, 1977, 91 Stat. 685, and was reclassified to this

chapter.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2022, 4363a, 4365, 4905,

6901, 6905, 6907, 6949, 7273, 8302, 8402, 8411, 9621, 13257, 13260,

13369 of this title; title 7 section 7719; title 10 section 2704;

title 15 sections 793, 798, 2080, 2617, 2706, 3801; title 16

sections 410aaa-59, 460ii-4, 460lll, 1456; title 18 section 2721;

title 23 sections 104, 134, 135, 149; title 26 section 169; title

30 sections 201, 1251, 1253, 1292, 1303; title 33 sections 1345,

1502, 1503; title 43 section 1334; title 49 sections 5303, 5305,

5309, 5323, 5335, 5506, 26101, 47102.

-End-

-CITE-

42 USC SUBCHAPTER I - PROGRAMS AND ACTIVITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

-HEAD-

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 7545, 7586, 7607,

7661a of this title.

-End-

-CITE-

42 USC Part A - Air Quality and Emission Limitations 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

PART A - AIR QUALITY AND EMISSION LIMITATIONS

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-95, title I, Sec. 117(a), Aug. 7, 1977, 91

Stat. 712, designated sections 7401 to 7428 of this title as part

A.

-End-

-CITE-

42 USC Sec. 7401 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7401. Congressional findings and declaration of purpose

-STATUTE-

(a) Findings

The Congress finds -

(1) that the predominant part of the Nation's population is

located in its rapidly expanding metropolitan and other urban

areas, which generally cross the boundary lines of local

jurisdictions and often extend into two or more States;

(2) that the growth in the amount and complexity of air

pollution brought about by urbanization, industrial development,

and the increasing use of motor vehicles, has resulted in

mounting dangers to the public health and welfare, including

injury to agricultural crops and livestock, damage to and the

deterioration of property, and hazards to air and ground

transportation;

(3) that air pollution prevention (that is, the reduction or

elimination, through any measures, of the amount of pollutants

produced or created at the source) and air pollution control at

its source is the primary responsibility of States and local

governments; and

(4) that Federal financial assistance and leadership is

essential for the development of cooperative Federal, State,

regional, and local programs to prevent and control air

pollution.

(b) Declaration

The purposes of this subchapter are -

(1) to protect and enhance the quality of the Nation's air

resources so as to promote the public health and welfare and the

productive capacity of its population;

(2) to initiate and accelerate a national research and

development program to achieve the prevention and control of air

pollution;

(3) to provide technical and financial assistance to State and

local governments in connection with the development and

execution of their air pollution prevention and control programs;

and

(4) to encourage and assist the development and operation of

regional air pollution prevention and control programs.

(c) Pollution prevention

A primary goal of this chapter is to encourage or otherwise

promote reasonable Federal, State, and local governmental actions,

consistent with the provisions of this chapter, for pollution

prevention.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 101, formerly Sec. 1, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 392;

renumbered Sec. 101 and amended Pub. L. 89-272, title I, Sec.

101(2), (3), Oct. 20, 1965, 79 Stat. 992; Pub. L. 90-148, Sec. 2,

Nov. 21, 1967, 81 Stat. 485; Pub. L. 101-549, title I, Sec. 108(k),

Nov. 15, 1990, 104 Stat. 2468.)

-COD-

CODIFICATION

Section was formerly classified to section 1857 of this title.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in a

prior section 1857 of this title, act of July 14, 1955, ch. 360,

Sec. 1, 69 Stat. 322, prior to the general amendment of this

chapter by Pub. L. 88-206.

AMENDMENTS

1990 - Subsec. (a)(3). Pub. L. 101-549, Sec. 108(k)(1), amended

par. (3) generally. Prior to amendment, par. (3) read as follows:

"that the prevention and control of air pollution at its source is

the primary responsibility of States and local governments; and".

Subsec. (b)(4). Pub. L. 101-549, Sec. 108(k)(2), inserted

"prevention and" after "pollution".

Subsec. (c). Pub. L. 101-549, Sec. 108(k)(3), added subsec. (c).

1967 - Subsec. (b)(1). Pub. L. 90-148 inserted "and enhance the

quality of" after "to protect".

1965 - Subsec. (b). Pub. L. 89-272 substituted "this title" for

"this Act", which for purposes of codification has been changed to

"this subchapter".

EFFECTIVE DATE OF 1990 AMENDMENT

Section 711(b) of Pub. L. 101-549 provided that:

"(1) Except as otherwise expressly provided, the amendments made

by this Act [see Tables for classification] shall be effective on

the date of enactment of this Act [Nov. 15, 1990].

"(2) The Administrator's authority to assess civil penalties

under section 205(c) of the Clean Air Act [42 U.S.C. 7524(c)], as

amended by this Act, shall apply to violations that occur or

continue on or after the date of enactment of this Act. Civil

penalties for violations that occur prior to such date and do not

continue after such date shall be assessed in accordance with the

provisions of the Clean Air Act [42 U.S.C. 7401 et seq.] in effect

immediately prior to the date of enactment of this Act.

"(3) The civil penalties prescribed under sections 205(a) and

211(d)(1) of the Clean Air Act [42 U.S.C. 7524(a), 7545(d)(1)], as

amended by this Act, shall apply to violations that occur on or

after the date of enactment of this Act. Violations that occur

prior to such date shall be subject to the civil penalty provisions

prescribed in sections 205(a) and 211(d) of the Clean Air Act in

effect immediately prior to the enactment of this Act. The

injunctive authority prescribed under section 211(d)(2) of the

Clean Air Act, as amended by this Act, shall apply to violations

that occur or continue on or after the date of enactment of this

Act.

"(4) For purposes of paragraphs (2) and (3), where the date of a

violation cannot be determined it will be assumed to be the date on

which the violation is discovered."

EFFECTIVE DATE OF 1977 AMENDMENT; PENDING ACTIONS; CONTINUATION OF

RULES, CONTRACTS, AUTHORIZATIONS, ETC.; IMPLEMENTATION PLANS

Section 406 of Pub. L. 95-95, as amended by Pub. L. 95-190, Sec.

14(b)(6), Nov. 16, 1977, 91 Stat. 1405, provided that:

"(a) No suit, action, or other proceeding lawfully commenced by

or against the Administrator or any other officer or employee of

the United States in his official capacity or in relation to the

discharge of his official duties under the Clean Air Act [this

chapter], as in effect immediately prior to the date of enactment

of this Act [Aug. 7, 1977] shall abate by reason of the taking

effect of the amendments made by this Act [see Short Title of 1977

Amendment note below]. The court may, on its own motion or that of

any party made at any time within twelve months after such taking

effect, allow the same to be maintained by or against the

Administrator or such officer or employee.

"(b) All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to the Clean Air Act [this

chapter], as in effect immediately prior to the date of enactment

of this Act [Aug. 7, 1977], and pertaining to any functions,

powers, requirements, and duties under the Clean Air Act, as in

effect immediately prior to the date of enactment of this Act, and

not suspended by the Administrator or the courts, shall continue in

full force and effect after the date of enactment of this Act until

modified or rescinded in accordance with the Clean Air Act as

amended by this Act [see Short Title of 1977 Amendment note below].

"(c) Nothing in this Act [see Short Title of 1977 Amendment note

below] nor any action taken pursuant to this Act shall in any way

affect any requirement of an approved implementation plan in effect

under section 110 of the Clean Air Act [section 7410 of this title]

or any other provision of the Act in effect under the Clean Air Act

before the date of enactment of this section [Aug. 7, 1977] until

modified or rescinded in accordance with the Clean Air Act [this

chapter] as amended by this Act [see Short Title of 1977 Amendment

note below].

"(d)(1) Except as otherwise expressly provided, the amendments

made by this Act [see Short Title of 1977 Amendment note below]

shall be effective on date of enactment [Aug. 7, 1977].

"(2) Except as otherwise expressly provided, each State required

to revise its applicable implementation plan by reason of any

amendment made by this Act [see Short Title of 1977 Amendment note

below] shall adopt and submit to the Administrator of the

Environmental Protection Administration such plan revision before

the later of the date -

"(A) one year after the date of enactment of this Act [Aug. 7,

1977], or

"(B) nine months after the date of promulgation by the

Administrator of the Environmental Protection Administration of

any regulations under an amendment made by this Act which are

necessary for the approval of such plan revision."

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-40, Sec. 1, Aug. 5, 1999, 113 Stat. 207, provided

that: "This Act [amending section 7412 of this title and enacting

provisions set out as notes under section 7412 of this title] may

be cited as the 'Chemical Safety Information, Site Security and

Fuels Regulatory Relief Act'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-286, Sec. 1, Oct. 27, 1998, 112 Stat. 2773, provided

that: "This Act [amending section 7511b of this title and enacting

provisions set out as a note under section 7511b of this title] may

be cited as the 'Border Smog Reduction Act of 1998'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399, is popularly

known as the "Clean Air Act Amendments of 1990". See Tables for

classification.

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-23, Sec. 1, July 17, 1981, 95 Stat. 139, provided:

"That this Act [amending sections 7410 and 7413 of this title] may

be cited as the 'Steel Industry Compliance Extension Act of 1981'."

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-95, Sec. 1, Aug. 7, 1977, 91 Stat. 685, provided that:

"This Act [enacting sections 4362, 7419 to 7428, 7450 to 7459, 7470

to 7479, 7491, 7501 to 7508, 7548, 7549, 7551, 7617 to 7625, and

7626 of this title, amending sections 7403, 7405, 7407 to 7415,

7417, 7418, 7521 to 7525, 7541, 7543, 7544, 7545, 7550, 7571, 7601

to 7605, 7607, 7612, 7613, and 7616 of this title, repealing

section 1857c-10 of this title, and enacting provisions set out as

notes under this section, sections 7403, 7422, 7470, 7479, 7502,

7521, 7548, and 7621 of this title, and section 792 of Title 15,

Commerce and Trade] may be cited as the 'Clean Air Act Amendments

of 1977'."

SHORT TITLE OF 1970 AMENDMENT

Pub. L. 91-604, Sec. 1, Dec. 31, 1970, 84 Stat. 1676, provided:

"That this Act [amending this chapter generally] may be cited as

the 'Clean Air Amendments of 1970'."

SHORT TITLE OF 1967 AMENDMENT

Section 1 of Pub. L. 90-148 provided: "That this Act [amending

this chapter generally] may be cited as the 'Air Quality Act of

1967'."

SHORT TITLE OF 1966 AMENDMENT

Pub. L. 89-675, Sec. 1, Oct. 15, 1966, 80 Stat. 954, provided:

"That this Act [amending sections 7405 and 7616 of this title and

repealing section 1857f-8 of this title] may be cited as the 'Clean

Air Act Amendments of 1966'."

SHORT TITLE

Section 317, formerly section 14, of act July 14, 1955, as added

by section 1 of Pub. L. 88-206, renumbered section 307 by section

101(4) of Pub. L. 89-272, renumbered section 310 by section 2 of

Pub. L. 90-148, and renumbered section 317 by Pub. L. 91-604, Sec.

12(a), Dec. 31, 1970, 84 Stat. 1705, provided that: "This Act

[enacting this chapter] may be cited as the 'Clean Air Act'."

Section 201 of title II of act July 14, 1955, as added by Pub. L.

89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 992, and

amended by Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 499,

provided that: "This title [enacting subchapter II of this chapter]

may be cited as the 'National Emission Standards Act'." Prior to

its amendment by Pub. L. 90-148, title II of act June 14, 1955, was

known as the "Motor Vehicle Air Pollution Control Act".

Section 401 of title IV of act July 14, 1955, as added Dec. 31,

1970, Pub. L. 91-604, Sec. 14, 84 Stat. 1709, provided that: "This

title [enacting subchapter IV of this chapter] may be cited as the

'Noise Pollution and Abatement Act of 1970'."

SAVINGS PROVISION

Section 711(a) of Pub. L. 101-549 provided that: "Except as

otherwise expressly provided in this Act [see Tables for

classification], no suit, action, or other proceeding lawfully

commenced by the Administrator or any other officer or employee of

the United States in his official capacity or in relation to the

discharge of his official duties under the Clean Air Act [42 U.S.C.

7401 et seq.], as in effect immediately prior to the date of

enactment of this Act [Nov. 15, 1990], shall abate by reason of the

taking effect of the amendments made by this Act."

-TRANS-

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, Sec. 2(a)(3), eff. Dec. 2, 1970, 35

F.R. 15623, 84 Stat. 2086, transferred to Administrator of

Environmental Protection Agency functions vested by law in

Secretary of Health, Education, and Welfare or in Department of

Health, Education, and Welfare which are administered through

Environmental Health Service, including functions exercised by

National Air Pollution Control Administration, and Environmental

Control Administration's Bureau of Solid Waste Management, Bureau

of Water Hygiene, and Bureau of Radiological Health, except insofar

as functions carried out by Bureau of Radiological Health pertain

to regulation of radiation from consumer products, including

electronic product radiation, radiation as used in healing arts,

occupational exposure to radiation, and research, technical

assistance, and training related to radiation from consumer

products, radiation as used in healing arts, and occupational

exposure to radiation.

-MISC2-

IMPACT ON SMALL COMMUNITIES

Section 810 of Pub. L. 101-549 provided that: "Before

implementing a provision of this Act [see Tables for

classification], the Administrator of the Environmental Protection

Agency shall consult with the Small Communities Coordinator of the

Environmental Protection Agency to determine the impact of such

provision on small communities, including the estimated cost of

compliance with such provision."

RADON ASSESSMENT AND MITIGATION

Pub. L. 99-499, title I, Sec. 118(k), Oct. 17, 1986, 100 Stat.

1659, as amended by Pub. L. 105-362, title V, Sec. 501(i), Nov. 10,

1998, 112 Stat. 3284, provided that:

"(1) National assessment of radon gas. - No later than one year

after the enactment of this Act [Oct. 17, 1986], the Administrator

shall submit to the Congress a report which shall, to the extent

possible -

"(A) identify the locations in the United States where radon is

found in structures where people normally live or work, including

educational institutions;

"(B) assess the levels of radon gas that are present in such

structures;

"(C) determine the level of radon gas and radon daughters which

poses a threat to human health and assess for each location

identified under subparagraph (A) the extent of the threat to

human health;

"(D) determine methods of reducing or eliminating the threat to

human health of radon gas and radon daughters; and

"(E) include guidance and public information materials based on

the findings or research of mitigating radon.

"(2) Radon mitigation demonstration program. -

"(A) Demonstration program. - The Administrator shall conduct a

demonstration program to test methods and technologies of

reducing or eliminating radon gas and radon daughters where it

poses a threat to human health. The Administrator shall take into

consideration any demonstration program underway in the Reading

Prong of Pennsylvania, New Jersey, and New York and at other

sites prior to enactment. The demonstration program under this

section shall be conducted in the Reading Prong, and at such

other sites as the Administrator considers appropriate.

"(B) Liability. - Liability, if any, for persons undertaking

activities pursuant to the radon mitigation demonstration program

authorized under this subsection shall be determined under

principles of existing law.

"(3) Construction of section. - Nothing in this subsection shall

be construed to authorize the Administrator to carry out any

regulatory program or any activity other than research,

development, and related reporting, information dissemination, and

coordination activities specified in this subsection. Nothing in

paragraph (1) or (2) shall be construed to limit the authority of

the Administrator or of any other agency or instrumentality of the

United States under any other authority of law."

SPILL CONTROL TECHNOLOGY

Pub. L. 99-499, title I, Sec. 118(n), Oct. 17, 1986, 100 Stat.

1660, provided that:

"(1) Establishment of program. - Within 180 days of enactment of

this subsection [Oct. 17, 1986], the Secretary of the United States

Department of Energy is directed to carry out a program of testing

and evaluation of technologies which may be utilized in responding

to liquefied gaseous and other hazardous substance spills at the

Liquefied Gaseous Fuels Spill Test Facility that threaten public

health or the environment.

"(2) Technology transfer. - In carrying out the program

established under this subsection, the Secretary shall conduct a

technology transfer program that, at a minimum -

"(A) documents and archives spill control technology;

"(B) investigates and analyzes significant hazardous spill

incidents;

"(C) develops and provides generic emergency action plans;

"(D) documents and archives spill test results;

"(E) develops emergency action plans to respond to spills;

"(F) conducts training of spill response personnel; and

"(G) establishes safety standards for personnel engaged in

spill response activities.

"(3) Contracts and grants. - The Secretary is directed to enter

into contracts and grants with a nonprofit organization in Albany

County, Wyoming, that is capable of providing the necessary

technical support and which is involved in environmental activities

related to such hazardous substance related emergencies.

"(4) Use of site. - The Secretary shall arrange for the use of

the Liquefied Gaseous Fuels Spill Test Facility to carry out the

provisions of this subsection."

RADON GAS AND INDOOR AIR QUALITY RESEARCH

Pub. L. 99-499, title IV, Oct. 17, 1986, 100 Stat. 1758, provided

that:

"SEC. 401. SHORT TITLE.

"This title may be cited as the 'Radon Gas and Indoor Air Quality

Research Act of 1986'.

"SEC. 402. FINDINGS.

"The Congress finds that:

"(1) High levels of radon gas pose a serious health threat in

structures in certain areas of the country.

"(2) Various scientific studies have suggested that exposure to

radon, including exposure to naturally occurring radon and indoor

air pollutants, poses a public health risk.

"(3) Existing Federal radon and indoor air pollutant research

programs are fragmented and underfunded.

"(4) An adequate information base concerning exposure to radon

and indoor air pollutants should be developed by the appropriate

Federal agencies.

"SEC. 403. RADON GAS AND INDOOR AIR QUALITY RESEARCH PROGRAM.

"(a) Design of Program. - The Administrator of the Environmental

Protection Agency shall establish a research program with respect

to radon gas and indoor air quality. Such program shall be designed

to -

"(1) gather data and information on all aspects of indoor air

quality in order to contribute to the understanding of health

problems associated with the existence of air pollutants in the

indoor environment;

"(2) coordinate Federal, State, local, and private research and

development efforts relating to the improvement of indoor air

quality; and

"(3) assess appropriate Federal Government actions to mitigate

the environmental and health risks associated with indoor air

quality problems.

"(b) Program Requirements. - The research program required under

this section shall include -

"(1) research and development concerning the identification,

characterization, and monitoring of the sources and levels of

indoor air pollution, including radon, which includes research

and development relating to -

"(A) the measurement of various pollutant concentrations and

their strengths and sources,

"(B) high-risk building types, and

"(C) instruments for indoor air quality data collection;

"(2) research relating to the effects of indoor air pollution

and radon on human health;

"(3) research and development relating to control technologies

or other mitigation measures to prevent or abate indoor air

pollution (including the development, evaluation, and testing of

individual and generic control devices and systems);

"(4) demonstration of methods for reducing or eliminating

indoor air pollution and radon, including sealing, venting, and

other methods that the Administrator determines may be effective;

"(5) research, to be carried out in conjunction with the

Secretary of Housing and Urban Development, for the purpose of

developing -

"(A) methods for assessing the potential for radon

contamination of new construction, including (but not limited

to) consideration of the moisture content of soil, porosity of

soil, and radon content of soil; and

"(B) design measures to avoid indoor air pollution; and

"(6) the dissemination of information to assure the public

availability of the findings of the activities under this

section.

"(c) Advisory Committees. - The Administrator shall establish a

committee comprised of individuals representing Federal agencies

concerned with various aspects of indoor air quality and an

advisory group comprised of individuals representing the States,

the scientific community, industry, and public interest

organizations to assist him in carrying out the research program

for radon gas and indoor air quality.

"(d) Implementation Plan. - Not later than 90 days after the

enactment of this Act [Oct. 17, 1986], the Administrator shall

submit to the Congress a plan for implementation of the research

program under this section. Such plan shall also be submitted to

the EPA Science Advisory Board, which shall, within a reasonable

period of time, submit its comments on such plan to Congress.

"(e) Report. - Not later than 2 years after the enactment of this

Act [Oct. 17, 1986], the Administrator shall submit to Congress a

report respecting his activities under this section and making such

recommendations as appropriate.

"SEC. 404. CONSTRUCTION OF TITLE.

"Nothing in this title shall be construed to authorize the

Administrator to carry out any regulatory program or any activity

other than research, development, and related reporting,

information dissemination, and coordination activities specified in

this title. Nothing in this title shall be construed to limit the

authority of the Administrator or of any other agency or

instrumentality of the United States under any other authority of

law.

"SEC. 405. AUTHORIZATIONS.

"There are authorized to be appropriated to carry out the

activities under this title and under section 118(k) of the

Superfund Amendments and Reauthorization Act of 1986 (relating to

radon gas assessment and demonstration program) [section 118(k) of

Pub. L. 99-499, set out as a note above] not to exceed $5,000,000

for each of the fiscal years 1987, 1988, and 1989. Of such sums

appropriated in fiscal years 1987 and 1988, two-fifths shall be

reserved for the implementation of section 118(k)(2)."

STUDY OF ODORS AND ODOROUS EMISSIONS

Pub. L. 95-95, title IV, Sec. 403(b), Aug. 7, 1977, 91 Stat. 792,

directed Administrator of Environmental Protection Agency to

conduct a study and report to Congress not later than Jan. 1, 1979,

on effects on public health and welfare of odors and odorous

emissions, source of such emissions, technology or other measures

available for control of such emissions and costs of such

technology or measures, and costs and benefits of alternative

measures or strategies to abate such emissions.

LIST OF CHEMICAL CONTAMINANTS FROM ENVIRONMENTAL POLLUTION FOUND IN

HUMAN TISSUE

Pub. L. 95-95, title IV, Sec. 403(c), Aug. 7, 1977, 91 Stat. 792,

directed Administrator of EPA, not later than twelve months after

Aug. 7, 1977, to publish throughout the United States a list of all

known chemical contaminants resulting from environmental pollution

which have been found in human tissue including blood, urine,

breast milk, and all other human tissue, such list to be prepared

for the United States and to indicate approximate number of cases,

range of levels found, and mean levels found, directed

Administrator, not later than eighteen months after Aug. 7, 1977,

to publish in same manner an explanation of what is known about the

manner in which chemicals entered the environment and thereafter

human tissue, and directed Administrator, in consultation with

National Institutes of Health, the National Center for Health

Statistics, and the National Center for Health Services Research

and Development, to, if feasible, conduct an epidemiological study

to demonstrate the relationship between levels of chemicals in the

environment and in human tissue, such study to be made in

appropriate regions or areas of the United States in order to

determine any different results in such regions or areas, and the

results of such study to be reported, as soon as practicable, to

appropriate committee of Congress.

STUDY ON REGIONAL AIR QUALITY

Pub. L. 95-95, title IV, Sec. 403(d), Aug. 7, 1977, 91 Stat. 793,

directed Administrator of EPA to conduct a study of air quality in

various areas throughout the country including the gulf coast

region, such study to include analysis of liquid and solid aerosols

and other fine particulate matter and contribution of such

substances to visibility and public health problems in such areas,

with Administrator to use environmental health experts from the

National Institutes of Health and other outside agencies and

organizations.

RAILROAD EMISSION STUDY

Pub. L. 95-95, title IV, Sec. 404, Aug. 7, 1977, 91 Stat. 793, as

amended by H. Res. 549, Mar. 25, 1980, directed Administrator of

EPA to conduct a study and investigation of emissions of air

pollutants from railroad locomotives, locomotive engines, and

secondary power sources on railroad rolling stock, in order to

determine extent to which such emissions affect air quality in air

quality control regions throughout the United States, technological

feasibility and current state of technology for controlling such

emissions, and status and effect of current and proposed State and

local regulations affecting such emissions, and within one hundred

and eighty days after commencing such study and investigation,

Administrator to submit a report of such study and investigation,

together with recommendations for appropriate legislation, to

Senate Committee on Environment and Public Works and House

Committee on Energy and Commerce.

STUDY AND REPORT CONCERNING ECONOMIC APPROACHES TO CONTROLLING AIR

POLLUTION

Pub. L. 95-95, title IV, Sec. 405, Aug. 7, 1977, 91 Stat. 794,

directed Administrator, in conjunction with Council of Economic

Advisors, to undertake a study and assessment of economic measures

for control of air pollution which could strengthen effectiveness

of existing methods of controlling air pollution, provide

incentives to abate air pollution greater than that required by

Clean Air Act, and serve as primary incentive for controlling air

pollution problems not addressed by Clean Air Act, and directed

that not later than 2 years after Aug. 7, 1977, Administrator and

Council conclude study and submit a report to President and

Congress.

NATIONAL INDUSTRIAL POLLUTION CONTROL COUNCIL

For provisions relating to establishment of National Industrial

Pollution Control Council, see Ex. Ord. No. 11523, Apr. 9, 1970, 35

F.R. 5993, set out as a note under section 4321 of this title.

FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS

For provisions relating to responsibility of head of each

Executive agency for compliance with applicable pollution control

standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,

set out as a note under section 4321 of this title.

-EXEC-

EXECUTIVE ORDER NO. 10779

Ex. Ord. No. 10779, Aug. 21, 1958, 23 F.R. 6487, which related to

cooperation of Federal agencies with State and local authorities,

was superseded by Ex. Ord. No. 11282, May 26, 1966, 31 F.R. 7663,

formerly set out under section 7418 of this title.

EXECUTIVE ORDER NO. 11507

Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573, which provided

for prevention, control, and abatement of air pollution at Federal

facilities, was superseded by Ex. Ord. No. 11752, Dec. 17, 1973, 38

F.R. 34793, formerly set out as a note under section 4331 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7471, 7476 of this title.

-End-

-CITE-

42 USC Sec. 7402 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7402. Cooperative activities

-STATUTE-

(a) Interstate cooperation; uniform State laws; State compacts

The Administrator shall encourage cooperative activities by the

States and local governments for the prevention and control of air

pollution; encourage the enactment of improved and, so far as

practicable in the light of varying conditions and needs, uniform

State and local laws relating to the prevention and control of air

pollution; and encourage the making of agreements and compacts

between States for the prevention and control of air pollution.

(b) Federal cooperation

The Administrator shall cooperate with and encourage cooperative

activities by all Federal departments and agencies having functions

relating to the prevention and control of air pollution, so as to

assure the utilization in the Federal air pollution control program

of all appropriate and available facilities and resources within

the Federal Government.

(c) Consent of Congress to compacts

The consent of the Congress is hereby given to two or more States

to negotiate and enter into agreements or compacts, not in conflict

with any law or treaty of the United States, for (1) cooperative

effort and mutual assistance for the prevention and control of air

pollution and the enforcement of their respective laws relating

thereto, and (2) the establishment of such agencies, joint or

otherwise, as they may deem desirable for making effective such

agreements or compacts. No such agreement or compact shall be

binding or obligatory upon any State a party thereto unless and

until it has been approved by Congress. It is the intent of

Congress that no agreement or compact entered into between States

after November 21, 1967, which relates to the control and abatement

of air pollution in an air quality control region, shall provide

for participation by a State which is not included (in whole or in

part) in such air quality control region.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 102, formerly Sec. 2, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 393;

renumbered Sec. 102, Pub. L. 89-272, title I, Sec. 101(3), Oct. 20,

1965, 79 Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967,

81 Stat. 485; Pub. L. 91-604, Sec. 15(c)(2), Dec. 31, 1970, 84

Stat. 1713.)

-COD-

CODIFICATION

Section was formerly classified to section 1857a of this title.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in the first clause of subsec. (a) of

this section were contained in subsec. (b)(1) of a prior section

1857a, of this title, act July 14, 1955, ch. 360, Sec. 2, 69 Stat.

322, prior to the general amendment of this chapter by Pub. L.

88-206.

AMENDMENTS

1970 - Subsecs. (a), (b). Pub. L. 91-604 substituted

"Administrator" for "Secretary" wherever appearing.

1967 - Subsec. (c). Pub. L. 90-148 inserted declaration that it

is the intent of Congress that no agreement or compact entered into

between States after the date of enactment of the Air Quality Act

of 1967, which for purposes of codification was changed to November

21, 1967, the date of approval of such Act, relating to the control

and abatement of air pollution in an air quality control region,

shall provide for participation by a State which is not included

(in whole or in part) in such air quality control region.

-End-

-CITE-

42 USC Sec. 7403 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7403. Research, investigation, training, and other activities

-STATUTE-

(a) Research and development program for prevention and control of

air pollution

The Administrator shall establish a national research and

development program for the prevention and control of air pollution

and as part of such program shall -

(1) conduct, and promote the coordination and acceleration of,

research, investigations, experiments, demonstrations, surveys,

and studies relating to the causes, effects (including health and

welfare effects), extent, prevention, and control of air

pollution;

(2) encourage, cooperate with, and render technical services

and provide financial assistance to air pollution control

agencies and other appropriate public or private agencies,

institutions, and organizations, and individuals in the conduct

of such activities;

(3) conduct investigations and research and make surveys

concerning any specific problem of air pollution in cooperation

with any air pollution control agency with a view to recommending

a solution of such problem, if he is requested to do so by such

agency or if, in his judgment, such problem may affect any

community or communities in a State other than that in which the

source of the matter causing or contributing to the pollution is

located;

(4) establish technical advisory committees composed of

recognized experts in various aspects of air pollution to assist

in the examination and evaluation of research progress and

proposals and to avoid duplication of research, and

(5) conduct and promote coordination and acceleration of

training for individuals relating to the causes, effects, extent,

prevention, and control of air pollution.

(b) Authorized activities of Administrator in establishing research

and development program

In carrying out the provisions of the preceding subsection the

Administrator is authorized to -

(1) collect and make available, through publications and other

appropriate means, the results of and other information,

including appropriate recommendations by him in connection

therewith, pertaining to such research and other activities;

(2) cooperate with other Federal departments and agencies, with

air pollution control agencies, with other public and private

agencies, institutions, and organizations, and with any

industries involved, in the preparation and conduct of such

research and other activities;

(3) make grants to air pollution control agencies, to other

public or nonprofit private agencies, institutions, and

organizations, and to individuals, for purposes stated in

subsection (a)(1) of this section;

(4) contract with public or private agencies, institutions, and

organizations, and with individuals, without regard to section

3324(a) and (b) of title 31 and section 5 of title 41;

(5) establish and maintain research fellowships, in the

Environmental Protection Agency and at public or nonprofit

private educational institutions or research organizations;

(6) collect and disseminate, in cooperation with other Federal

departments and agencies, and with other public or private

agencies, institutions, and organizations having related

responsibilities, basic data on chemical, physical, and

biological effects of varying air quality and other information

pertaining to air pollution and the prevention and control

thereof;

(7) develop effective and practical processes, methods, and

prototype devices for the prevention or control of air pollution;

and

(8) construct facilities, provide equipment, and employ staff

as necessary to carry out this chapter.

In carrying out the provisions of subsection (a) of this section,

the Administrator shall provide training for, and make training

grants to, personnel of air pollution control agencies and other

persons with suitable qualifications and make grants to such

agencies, to other public or nonprofit private agencies,

institutions, and organizations for the purposes stated in

subsection (a)(5) of this section. Reasonable fees may be charged

for such training provided to persons other than personnel of air

pollution control agencies but such training shall be provided to

such personnel of air pollution control agencies without charge.

(c) Air pollutant monitoring, analysis, modeling, and inventory

research

In carrying out subsection (a) of this section, the Administrator

shall conduct a program of research, testing, and development of

methods for sampling, measurement, monitoring, analysis, and

modeling of air pollutants. Such program shall include the

following elements:

(1) Consideration of individual, as well as complex mixtures

of, air pollutants and their chemical transformations in the

atmosphere.

(2) Establishment of a national network to monitor, collect,

and compile data with quantification of certainty in the status

and trends of air emissions, deposition, air quality, surface

water quality, forest condition, and visibility impairment, and

to ensure the comparability of air quality data collected in

different States and obtained from different nations.

(3) Development of improved methods and technologies for

sampling, measurement, monitoring, analysis, and modeling to

increase understanding of the sources of ozone percursors,(!1)

ozone formation, ozone transport, regional influences on urban

ozone, regional ozone trends, and interactions of ozone with

other pollutants. Emphasis shall be placed on those techniques

which -

(A) improve the ability to inventory emissions of volatile

organic compounds and nitrogen oxides that contribute to urban

air pollution, including anthropogenic and natural sources;

(B) improve the understanding of the mechanism through which

anthropogenic and biogenic volatile organic compounds react to

form ozone and other oxidants; and

(C) improve the ability to identify and evaluate

region-specific prevention and control options for ozone

pollution.

(4) Submission of periodic reports to the Congress, not less

than once every 5 years, which evaluate and assess the

effectiveness of air pollution control regulations and programs

using monitoring and modeling data obtained pursuant to this

subsection.

(d) Environmental health effects research

(1) The Administrator, in consultation with the Secretary of

Health and Human Services, shall conduct a research program on the

short-term and long-term effects of air pollutants, including wood

smoke, on human health. In conducting such research program the

Administrator -

(A) shall conduct studies, including epidemiological, clinical,

and laboratory and field studies, as necessary to identify and

evaluate exposure to and effects of air pollutants on human

health;

(B) may utilize, on a reimbursable basis, the facilities of

existing Federal scientific laboratories and research centers;

and

(C) shall consult with other Federal agencies to ensure that

similar research being conducted in other agencies is coordinated

to avoid duplication.

(2) In conducting the research program under this subsection, the

Administrator shall develop methods and techniques necessary to

identify and assess the risks to human health from both routine and

accidental exposures to individual air pollutants and combinations

thereof. Such research program shall include the following

elements:

(A) The creation of an Interagency Task Force to coordinate

such program. The Task Force shall include representatives of the

National Institute for Environmental Health Sciences, the

Environmental Protection Agency, the Agency for Toxic Substances

and Disease Registry, the National Toxicology Program, the

National Institute of Standards and Technology, the National

Science Foundation, the Surgeon General, and the Department of

Energy. This Interagency Task Force shall be chaired by a

representative of the Environmental Protection Agency and shall

convene its first meeting within 60 days after November 15, 1990.

(B) An evaluation, within 12 months after November 15, 1990, of

each of the hazardous air pollutants listed under section 7412(b)

of this title, to decide, on the basis of available information,

their relative priority for preparation of environmental health

assessments pursuant to subparagraph (C). The evaluation shall be

based on reasonably anticipated toxicity to humans and exposure

factors such as frequency of occurrence as an air pollutant and

volume of emissions in populated areas. Such evaluation shall be

reviewed by the Interagency Task Force established pursuant to

subparagraph (A).

(C) Preparation of environmental health assessments for each of

the hazardous air pollutants referred to in subparagraph (B),

beginning 6 months after the first meeting of the Interagency

Task Force and to be completed within 96 months thereafter. No

fewer than 24 assessments shall be completed and published

annually. The assessments shall be prepared in accordance with

guidelines developed by the Administrator in consultation with

the Interagency Task Force and the Science Advisory Board of the

Environmental Protection Agency. Each such assessment shall

include -

(i) an examination, summary, and evaluation of available

toxicological and epidemiological information for the pollutant

to ascertain the levels of human exposure which pose a

significant threat to human health and the associated acute,

subacute, and chronic adverse health effects;

(ii) a determination of gaps in available information related

to human health effects and exposure levels; and

(iii) where appropriate, an identification of additional

activities, including toxicological and inhalation testing,

needed to identify the types or levels of exposure which may

present significant risk of adverse health effects in humans.

(e) Ecosystem research

In carrying out subsection (a) of this section, the

Administrator, in cooperation, where appropriate, with the Under

Secretary of Commerce for Oceans and Atmosphere, the Director of

the Fish and Wildlife Service, and the Secretary of Agriculture,

shall conduct a research program to improve understanding of the

short-term and long-term causes, effects, and trends of ecosystems

damage from air pollutants on ecosystems. Such program shall

include the following elements:

(1) Identification of regionally representative and critical

ecosystems for research.

(2) Evaluation of risks to ecosystems exposed to air

pollutants, including characterization of the causes and effects

of chronic and episodic exposures to air pollutants and

determination of the reversibility of those effects.

(3) Development of improved atmospheric dispersion models and

monitoring systems and networks for evaluating and quantifying

exposure to and effects of multiple environmental stresses

associated with air pollution.

(4) Evaluation of the effects of air pollution on water

quality, including assessments of the short-term and long-term

ecological effects of acid deposition and other atmospherically

derived pollutants on surface water (including wetlands and

estuaries) and groundwater.

(5) Evaluation of the effects of air pollution on forests,

materials, crops, biological diversity, soils, and other

terrestrial and aquatic systems exposed to air pollutants.

(6) Estimation of the associated economic costs of ecological

damage which have occurred as a result of exposure to air

pollutants.

Consistent with the purpose of this program, the Administrator may

use the estuarine research reserves established pursuant to section

1461 of title 16 to carry out this research.

(f) Liquefied Gaseous Fuels Spill Test Facility

(1) The Administrator, in consultation with the Secretary of

Energy and the Federal Coordinating Council for Science,

Engineering, and Technology, shall oversee an experimental and

analytical research effort, with the experimental research to be

carried out at the Liquefied Gaseous Fuels Spill Test Facility. In

consultation with the Secretary of Energy, the Administrator shall

develop a list of chemicals and a schedule for field testing at the

Facility. Analysis of a minimum of 10 chemicals per year shall be

carried out, with the selection of a minimum of 2 chemicals for

field testing each year. Highest priority shall be given to those

chemicals that would present the greatest potential risk to human

health as a result of an accidental release -

(A) from a fixed site; or

(B) related to the transport of such chemicals.

(2) The purpose of such research shall be to -

(A) develop improved predictive models for atmospheric

dispersion which at a minimum -

(i) describe dense gas releases in complex terrain including

man-made structures or obstacles with variable winds;

(ii) improve understanding of the effects of turbulence on

dispersion patterns; and

(iii) consider realistic behavior of aerosols by including

physicochemical reactions with water vapor, ground deposition,

and removal by water spray;

(B) evaluate existing and future atmospheric dispersion models

by -

(i) the development of a rigorous, standardized methodology

for dense gas models; and

(ii) the application of such methodology to current dense gas

dispersion models using data generated from field experiments;

and

(C) evaluate the effectiveness of hazard mitigation and

emergency response technology for fixed site and transportation

related accidental releases of toxic chemicals.

Models pertaining to accidental release shall be evaluated and

improved periodically for their utility in planning and

implementing evacuation procedures and other mitigative strategies

designed to minimize human exposure to hazardous air pollutants

released accidentally.

(3) The Secretary of Energy shall make available to interested

persons (including other Federal agencies and businesses) the use

of the Liquefied Gaseous Fuels Spill Test Facility to conduct

research and other activities in connection with the activities

described in this subsection.

(g) Pollution prevention and emissions control

In carrying out subsection (a) of this section, the Administrator

shall conduct a basic engineering research and technology program

to develop, evaluate, and demonstrate nonregulatory strategies and

technologies for air pollution prevention. Such strategies and

technologies shall be developed with priority on those pollutants

which pose a significant risk to human health and the environment,

and with opportunities for participation by industry, public

interest groups, scientists, and other interested persons in the

development of such strategies and technologies. Such program shall

include the following elements:

(1) Improvements in nonregulatory strategies and technologies

for preventing or reducing multiple air pollutants, including

sulfur oxides, nitrogen oxides, heavy metals, PM-10 (particulate

matter), carbon monoxide, and carbon dioxide, from stationary

sources, including fossil fuel power plants. Such strategies and

technologies shall include improvements in the relative cost

effectiveness and long-range implications of various air

pollutant reduction and nonregulatory control strategies such as

energy conservation, including end-use efficiency, and

fuel-switching to cleaner fuels. Such strategies and technologies

shall be considered for existing and new facilities.

(2) Improvements in nonregulatory strategies and technologies

for reducing air emissions from area sources.

(3) Improvements in nonregulatory strategies and technologies

for preventing, detecting, and correcting accidental releases of

hazardous air pollutants.

(4) Improvements in nonregulatory strategies and technologies

that dispose of tires in ways that avoid adverse air quality

impacts.

Nothing in this subsection shall be construed to authorize the

imposition on any person of air pollution control requirements. The

Administrator shall consult with other appropriate Federal agencies

to ensure coordination and to avoid duplication of activities

authorized under this subsection.

(h) NIEHS studies

(1) The Director of the National Institute of Environmental

Health Sciences may conduct a program of basic research to

identify, characterize, and quantify risks to human health from air

pollutants. Such research shall be conducted primarily through a

combination of university and medical school-based grants, as well

as through intramural studies and contracts.

(2) The Director of the National Institute of Environmental

Health Sciences shall conduct a program for the education and

training of physicians in environmental health.

(3) The Director shall assure that such programs shall not

conflict with research undertaken by the Administrator.

(4) There are authorized to be appropriated to the National

Institute of Environmental Health Sciences such sums as may be

necessary to carry out the purposes of this subsection.

(i) Coordination of research

The Administrator shall develop and implement a plan for

identifying areas in which activities authorized under this section

can be carried out in conjunction with other Federal ecological and

air pollution research efforts. The plan, which shall be submitted

to Congress within 6 months after November 15, 1990, shall include

-

(1) an assessment of ambient monitoring stations and networks

to determine cost effective ways to expand monitoring

capabilities in both urban and rural environments;

(2) a consideration of the extent of the feasibility and

scientific value of conducting the research program under

subsection (e) of this section to include consideration of the

effects of atmospheric processes and air pollution effects; and

(3) a methodology for evaluating and ranking pollution

prevention technologies, such as those developed under subsection

(g) of this section, in terms of their ability to reduce cost

effectively the emissions of air pollutants and other airborne

chemicals of concern.

Not later than 2 years after November 15, 1990, and every 4 years

thereafter, the Administrator shall report to Congress on the

progress made in implementing the plan developed under this

subsection, and shall include in such report any revisions of the

plan.

(j) Continuation of national acid precipitation assessment program

(1) The acid precipitation research program set forth in the Acid

Precipitation Act of 1980 [42 U.S.C. 8901 et seq.] shall be

continued with modifications pursuant to this subsection.

(2) The Acid Precipitation Task Force shall consist of the

Administrator of the Environmental Protection Agency, the Secretary

of Energy, the Secretary of the Interior, the Secretary of

Agriculture, the Administrator of the National Oceanic and

Atmospheric Administration, the Administrator of the National

Aeronautics and Space Administration, and such additional members

as the President may select. The President shall appoint a chairman

for the Task Force from among its members within 30 days after

November 15, 1990.

(3) The responsibilities of the Task Force shall include the

following:

(A) Review of the status of research activities conducted to

date under the comprehensive research plan developed pursuant to

the Acid Precipitation Act of 1980 [42 U.S.C. 8901 et seq.], and

development of a revised plan that identifies significant

research gaps and establishes a coordinated program to address

current and future research priorities. A draft of the revised

plan shall be submitted by the Task Force to Congress within 6

months after November 15, 1990. The plan shall be available for

public comment during the 60 day period after its submission, and

a final plan shall be submitted by the President to the Congress

within 45 days after the close of the comment period.

(B) Coordination with participating Federal agencies,

augmenting the agencies' research and monitoring efforts and

sponsoring additional research in the scientific community as

necessary to ensure the availability and quality of data and

methodologies needed to evaluate the status and effectiveness of

the acid deposition control program. Such research and monitoring

efforts shall include, but not be limited to -

(i) continuous monitoring of emissions of precursors of acid

deposition;

(ii) maintenance, upgrading, and application of models, such

as the Regional Acid Deposition Model, that describe the

interactions of emissions with the atmosphere, and models that

describe the response of ecosystems to acid deposition; and

(iii) analysis of the costs, benefits, and effectiveness of

the acid deposition control program.

(C) Publication and maintenance of a National Acid Lakes

Registry that tracks the condition and change over time of a

statistically representative sample of lakes in regions that are

known to be sensitive to surface water acidification.

(D) Submission every two years of a unified budget

recommendation to the President for activities of the Federal

Government in connection with the research program described in

this subsection.

(E) Beginning in 1992 and biennially thereafter, submission of

a report to Congress describing the results of its investigations

and analyses. The reporting of technical information about acid

deposition shall be provided in a format that facilitates

communication with policymakers and the public. The report shall

include -

(i) actual and projected emissions and acid deposition

trends;

(ii) average ambient concentrations of acid deposition

percursors (!2) and their transformation products;

(iii) the status of ecosystems (including forests and surface

waters), materials, and visibility affected by acid deposition;

(iv) the causes and effects of such deposition, including

changes in surface water quality and forest and soil

conditions;

(v) the occurrence and effects of episodic acidification,

particularly with respect to high elevation watersheds; and

(vi) the confidence level associated with each conclusion to

aid policymakers in use of the information.

(F) Beginning in 1996, and every 4 years thereafter, the report

under subparagraph (E) shall include -

(i) the reduction in deposition rates that must be achieved

in order to prevent adverse ecological effects; and

(ii) the costs and benefits of the acid deposition control

program created by subchapter IV-A of this chapter.

(k) Air pollution conferences

If, in the judgment of the Administrator, an air pollution

problem of substantial significance may result from discharge or

discharges into the atmosphere, the Administrator may call a

conference concerning this potential air pollution problem to be

held in or near one or more of the places where such discharge or

discharges are occurring or will occur. All interested persons

shall be given an opportunity to be heard at such conference,

either orally or in writing, and shall be permitted to appear in

person or by representative in accordance with procedures

prescribed by the Administrator. If the Administrator finds, on the

basis of the evidence presented at such conference, that the

discharge or discharges if permitted to take place or continue are

likely to cause or contribute to air pollution subject to abatement

under this part, the Administrator shall send such findings,

together with recommendations concerning the measures which the

Administrator finds reasonable and suitable to prevent such

pollution, to the person or persons whose actions will result in

the discharge or discharges involved; to air pollution agencies of

the State or States and of the municipality or municipalities where

such discharge or discharges will originate; and to the interstate

air pollution control agency, if any, in the jurisdictional area of

which any such municipality is located. Such findings and

recommendations shall be advisory only, but shall be admitted

together with the record of the conference, as part of the

proceedings under subsections (b), (c), (d), (e), and (f) of

section 7408 of this title.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 103, formerly Sec. 3, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 394;

renumbered Sec. 103 and amended Pub. L. 89-272, title I, Secs.

101(3), 103, Oct. 20, 1965, 79 Stat. 992, 996; Pub. L. 90-148, Sec.

2, Nov. 21, 1967, 81 Stat. 486; Pub. L. 91-604, Secs. 2(a), 4(2),

15(a)(2), (c)(2), Dec. 31, 1970, 84 Stat. 1676, 1689, 1710, 1713;

Pub. L. 95-95, title I, Sec. 101(a), (b), Aug. 7, 1977, 91 Stat.

686, 687; Pub. L. 101-549, title IX, Sec. 901(a)-(c), Nov. 15,

1990, 104 Stat. 2700-2703.)

-REFTEXT-

REFERENCES IN TEXT

The Acid Precipitation Act of 1980, referred to in subsec.

(j)(1), (3)(A), is title VII of Pub. L. 96-294, June 30, 1980, 94

Stat. 770, which is classified generally to chapter 97 (Sec. 8901

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 8901 of this

title and Tables.

-COD-

CODIFICATION

In subsec. (b)(4), "section 3324(a) and (b) of title 31"

substituted for reference to section 3648 of the Revised Statutes

(31 U.S.C. 529) on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title

31, Money and Finance.

Section was formerly classified to section 1857b of this title.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsec. (a)(3) of this section

were contained in subsec. (a) of a prior section 1857b of this

title, act July 14, 1955, ch. 360, Sec. 3, 69 Stat. 322, as amended

Oct. 9, 1962, Pub. L. 87-761, Sec. 2, 76 Stat. 760, prior to the

general amendment of this chapter by Pub. L. 88-206.

Provisions similar to those in this section were contained in

prior sections 1857a to 1857d of this title, act July 14, 1955, ch.

360, Secs. 2 to 5, 69 Stat. 322 (section 1857b as amended Oct. 9,

1962, Pub. L. 87-761, Sec. 2, 76 Stat. 760; section 1857d as

amended Sept. 22, 1959, Pub. L. 86-365, Sec. 1, 73 Stat. 646 and

Oct. 9, 1962, Pub. L. 87-761, Sec. 1, 76 Stat. 760), prior to the

general amendment of this chapter by Pub. L. 88-206.

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 901(a)(1), inserted

"(including health and welfare effects)" after "effects".

Subsec. (b)(8). Pub. L. 101-549, Sec. 901(a)(2), which directed

amendment of subsec. (b) by adding par. (8) at end, was executed by

adding par. (8) after par. (7) to reflect the probable intent of

Congress.

Subsecs. (c) to (f). Pub. L. 101-549, Sec. 901(b), amended

subsecs. (c) to (f) generally, substituting present provisions for

provisions which related to: in subsec. (c), results of other

scientific studies; in subsec. (d), construction of facilities; in

subsec. (e), potential air pollution problems, conferences, and

findings and recommendations of the Administrator; and, in subsec.

(f), accelerated research programs.

Subsecs. (g) to (k). Pub. L. 101-549, Sec. 901(c), added subsecs.

(g) to (k).

1977 - Subsec. (a). Pub. L. 95-95, Sec. 101(b), struck out

reference to "training" in par. (1) and added par. (5).

Subsec. (b). Pub. L. 95-95, Sec. 101(a), struck out par. (5)

which provided for training and training grants to personnel of air

pollution control agencies and other persons with suitable

qualifications, redesignated pars. (6), (7), and (8) as (5), (6),

and (7), respectively, and, following par. (7) as so redesignated,

inserted provisions directing the Administrator, in carrying out

subsec. (a), to provide training for, and make training grants to,

personnel of air pollution control agencies and other persons with

suitable qualifications and to make grants to such agencies, to

other public or nonprofit private agencies, institutions, and

organizations for the purposes stated in subsec. (a)(5) and

allowing reasonable fees to be charged for such training provided

to persons other than personnel of air pollution control agencies

but requiring that such training be provided to such personnel of

air pollution control agencies without charge.

1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary".

Subsec. (b). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary" and "Environmental Protection

Agency" for "Department of Health, Education, and Welfare".

Subsec. (c). Pub. L. 91-604, Sec. 15(a)(2), (c)(2), substituted

"Administrator" for "Secretary" and "air pollutants" for "air

pollution agents (or combinations of agents)".

Subsec. (d). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary".

Subsec. (e). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary" wherever appearing, substituted

"7415" for "7415(a)", and inserted references to subsecs. (b) and

(c) of section 7415 of this title.

Subsec. (f). Pub. L. 91-604, Sec. 2(a), added subsec. (f).

1967 - Subsec. (a). Pub. L. 90-148 substituted "establish

technical advisory committees composed of recognized experts in

various aspects of air pollution to assist in the examination and

evaluation of research progress and proposals and to avoid

duplication of research" for "initiate and conduct a program of

research directed toward the development of improved, low-cost

techniques for extracting sulfur from fuels" as cl. (4) and struck

out cl. (5) which related to research programs relating to the

control of hydrocarbon emissions from evaporation of gasoline and

nitrogen and aldehyde oxide emission from gasoline and diesel

powered vehicles and relating to the development of improved

low-cost techniques to reduce emissions of oxides of sulfur

produced by the combustion of sulfur-containing fuels.

Subsec. (c). Pub. L. 90-148 struck out provision for promulgation

of criteria in the case of particular air pollution agents present

in the air in certain quantities reflecting the latest scientific

knowledge and allowing for availability and revision and provided

for recommendation by Secretary of air quality criteria.

Subsec. (e). Pub. L. 90-148 substituted references to subsections

(d), (e), and (f) of section 7415 of this title for references to

subsections (c), (d), and (e) of section 7415 of this title in

provision for admission of advisory findings and recommendations

together with the record of the conference and made such findings

and recommendations part of the proceedings of the conference, not

merely part of the record of proceedings.

1965 - Subsec. (a)(5). Pub. L. 89-272, Sec. 103(3), added par.

(5).

Subsecs. (d), (e). Pub. L. 89-272, Sec. 103(4), added subsecs.

(d) and (e).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(i) of this section requiring quadrennial reports to Congress and

of reporting provisions in subsec. (j)(3)(E) and (F) of this

section, see section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance, and the

7th and 8th items on page 163 of House Document No. 103-7.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section 14

of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

PILOT DESIGN PROGRAMS

Pub. L. 106-246, div. B, title II, Sec. 2603, July 13, 2000, 114

Stat. 558, provided that:

"(a) The Administrator of the Environmental Protection Agency

shall make a grant for the purpose of carrying out the first year

of a 2-year program to implement in five metropolitan areas pilot

design programs developed under section 365(a)(2) of the Department

of Transportation and Related Agencies Appropriations Act, 2000

[Pub. L. 106-69] (113 Stat. 1028-1029).

"(b) The Administrator shall ensure that each pilot design

program is implemented in accordance with recommendations developed

by the National Telecommuting and Air Quality Steering Committee,

in consultation with the local design teams.

"(c) Grants received under subsection (a) may be used for -

"(1) protocol development in the five metropolitan areas;

"(2) marketing of the telecommute, emissions reduction,

pollution credits strategy and recruitment of participating

employers; and

"(3) data gathering on emissions reductions.

"(d) In addition to the grant under subsection (a), for the

purpose of carrying out the second year of the 2-year program

referred to in subsection (a), the Administrator shall -

"(1) make a grant of $750,000 to the National Environmental

Policy Institute (a nonprofit private entity incorporated under

the laws of and located in the District of Columbia); and

"(2) make grants totaling $1,250,000 to local agencies within

the five metropolitan areas referred to in subsection (a).

"(e) Not later than 360 days from first day of the second year of

the 2-year program referred to in subsection (a), the Administrator

shall transmit to Congress a report on the results of the program.

"(f) The Administrator shall carry out this section in

collaboration with the Secretary of Transportation.

"(g) There is appropriated to the Department of Transportation,

'Office of the Assistant Secretary for Policy', $2,000,000 to carry

out this section. Such amounts shall be transferred to and

administered by the Environmental Protection Agency and shall

remain available until expended: Provided, That the entire amount

is designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended [2 U.S.C. 901(b)(2)(A)]:

Provided further, That the entire amount shall be available only to

the extent an official budget request for a specific dollar amount,

that includes designation of the entire amount of the request as an

emergency requirement as defined by such Act, is transmitted by the

President to the Congress."

NATIONAL ACID LAKES REGISTRY

Section 405 of Pub. L. 101-549 provided that: "The Administrator

of the Environmental Protection Agency shall create a National Acid

Lakes Registry that shall list, to the extent practical, all lakes

that are known to be acidified due to acid deposition, and shall

publish such list within one year of the enactment of this Act

[Nov. 15, 1990]. Lakes shall be added to the registry as they

become acidic or as data becomes available to show they are acidic.

Lakes shall be deleted from the registry as they become nonacidic."

ASSESSMENT OF INTERNATIONAL AIR POLLUTION CONTROL TECHNOLOGIES

Section 901(e) of Pub. L. 101-549 directed Administrator of

Environmental Protection Agency to conduct a study that compares

international air pollution control technologies of selected

industrialized countries to determine if there exist air pollution

control technologies in countries outside the United States that

may have beneficial applications to this Nation's air pollution

control efforts, including, with respect to each country studied,

the topics of urban air quality, motor vehicle emissions, toxic air

emissions, and acid deposition, and within 2 years after Nov. 15,

1990, submit to Congress a report detailing the results of such

study.

WESTERN STATES ACID DEPOSITION RESEARCH

Section 901(g) of Pub. L. 101-549 provided that:

"(1) The Administrator of the Environmental Protection Agency

shall sponsor monitoring and research and submit to Congress annual

and periodic assessment reports on -

"(A) the occurrence and effects of acid deposition on surface

waters located in that part of the United States west of the

Mississippi River;

"(B) the occurrence and effects of acid deposition on high

elevation ecosystems (including forests, and surface waters); and

"(C) the occurrence and effects of episodic acidification,

particularly with respect to high elevation watersheds.

"(2) The Administrator of the Environmental Protection Agency

shall analyze data generated from the studies conducted under

paragraph (1), data from the Western Lakes Survey, and other

appropriate research and utilize predictive modeling techniques

that take into account the unique geographic, climatological, and

atmospheric conditions which exist in the western United States to

determine the potential occurrence and effects of acid deposition

due to any projected increases in the emission of sulfur dioxide

and nitrogen oxides in that part of the United States located west

of the Mississippi River. The Administrator shall include the

results of the project conducted under this paragraph in the

reports issued to Congress under paragraph (1)."

CONSULTATION WITH COMMITTEE ON SCIENCE OF HOUSE OF REPRESENTATIVES

Section 101(c) of Pub. L. 95-95 provided that: "The Administrator

of the Environmental Protection Agency shall consult with the House

Committee on Science and Technology [now Committee on Science] on

the environmental and atmospheric research, development, and

demonstration aspects of this Act [see Short Title of 1977

Amendment note set out under section 7401 of this title]. In

addition, the reports and studies required by this Act that relate

to research, development, and demonstration issues shall be

transmitted to the Committee on Science and Technology [now

Committee on Science] at the same time they are made available to

other committees of the Congress."

STUDY OF SUBSTANCES DISCHARGED FROM EXHAUSTS OF MOTOR VEHICLES

Pub. L. 86-493, June 8, 1960, 74 Stat. 162, directed Surgeon

General of Public Health Service to conduct a thorough study for

purposes of determining, with respect to the various substances

discharged from exhausts of motor vehicles, the amounts and kinds

of such substances which, from the standpoint of human health, it

is safe for motor vehicles to discharge into the atmosphere under

the various conditions under which such vehicles may operate, and,

not later than two years after June 8, 1960, submit to Congress a

report on results of the study, together with such recommendations,

if any, based upon the findings made in such study, as he deemed

necessary for the protection of the public health.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7412 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "precursors,".

(!2) So in original. Probably should be "precursors".

-End-

-CITE-

42 USC Sec. 7404 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7404. Research relating to fuels and vehicles

-STATUTE-

(a) Research programs; grants; contracts; pilot and demonstration

plants; byproducts research

The Administrator shall give special emphasis to research and

development into new and improved methods, having industry-wide

application, for the prevention and control of air pollution

resulting from the combustion of fuels. In furtherance of such

research and development he shall -

(1) conduct and accelerate research programs directed toward

development of improved, cost-effective techniques for -

(A) control of combustion byproducts of fuels,

(B) removal of potential air pollutants from fuels prior to

combustion,

(C) control of emissions from the evaporation of fuels,

(D) improving the efficiency of fuels combustion so as to

decrease atmospheric emissions, and

(E) producing synthetic or new fuels which, when used, result

in decreased atmospheric emissions.

(2) provide for Federal grants to public or nonprofit agencies,

institutions, and organizations and to individuals, and contracts

with public or private agencies, institutions, or persons, for

payment of (A) part of the cost of acquiring, constructing, or

otherwise securing for research and development purposes, new or

improved devices or methods having industrywide application of

preventing or controlling discharges into the air of various

types of pollutants; (B) part of the cost of programs to develop

low emission alternatives to the present internal combustion

engine; (C) the cost to purchase vehicles and vehicle engines, or

portions thereof, for research, development, and testing

purposes; and (D) carrying out the other provisions of this

section, without regard to section 3324(a) and (b) of title 31

and section 5 of title 41: Provided, That research or

demonstration contracts awarded pursuant to this subsection

(including contracts for construction) may be made in accordance

with, and subject to the limitations provided with respect to

research contracts of the military departments in, section 2353

of title 10, except that the determination, approval, and

certification required thereby shall be made by the

Administrator; Provided further, That no grant may be made under

this paragraph in excess of $1,500,000;

(3) determine, by laboratory and pilot plant testing, the

results of air pollution research and studies in order to develop

new or improved processes and plant designs to the point where

they can be demonstrated on a large and practical scale;

(4) construct, operate, and maintain, or assist in meeting the

cost of the construction, operation, and maintenance of new or

improved demonstration plants or processes which have promise of

accomplishing the purposes of this chapter;

(5) study new or improved methods for the recovery and

marketing of commercially valuable byproducts resulting from the

removal of pollutants.

(b) Powers of Administrator in establishing research and

development programs

In carrying out the provisions of this section, the Administrator

may -

(1) conduct and accelerate research and development of

cost-effective instrumentation techniques to facilitate

determination of quantity and quality of air pollutant emissions,

including, but not limited to, automotive emissions;

(2) utilize, on a reimbursable basis, the facilities of

existing Federal scientific laboratories;

(3) establish and operate necessary facilities and test sites

at which to carry on the research, testing, development, and

programming necessary to effectuate the purposes of this section;

(4) acquire secret processes, technical data, inventions,

patent applications, patents, licenses, and an interest in lands,

plants, and facilities, and other property or rights by purchase,

license, lease, or donation; and

(5) cause on-site inspections to be made of promising domestic

and foreign projects, and cooperate and participate in their

development in instances in which the purposes of the chapter

will be served thereby.

(c) Clean alternative fuels

The Administrator shall conduct a research program to identify,

characterize, and predict air emissions related to the production,

distribution, storage, and use of clean alternative fuels to

determine the risks and benefits to human health and the

environment relative to those from using conventional gasoline and

diesel fuels. The Administrator shall consult with other Federal

agencies to ensure coordination and to avoid duplication of

activities authorized under this subsection.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 104, as added Pub. L.

90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 487; amended Pub. L.

91-137, Dec. 5, 1969, 83 Stat. 283; Pub. L. 91-604, Secs. 2(b),

(c), 13(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1676, 1677, 1709,

1713; Pub. L. 93-15, Sec. 1(a), Apr. 9, 1973, 87 Stat. 11; Pub. L.

93-319, Sec. 13(a), June 22, 1974, 88 Stat. 265; Pub. L. 101-549,

title IX, Sec. 901(d), Nov. 15, 1990, 104 Stat. 2706.)

-COD-

CODIFICATION

In subsec. (a)(2), "section 3324(a) and (b) of title 31"

substituted for reference to section 3648 of the Revised Statutes

(31 U.S.C. 529) on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title

31, Money and Finance.

Section was formerly classified to section 1857b-1 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 104 of act July 14, 1955, was renumbered section

105 by Pub. L. 90-148 and is classified to section 7405 of this

title.

AMENDMENTS

1990 - Subsecs. (a)(1), (b)(1). Pub. L. 101-549, Sec. 901(d)(1),

substituted "cost-effective" for "low-cost".

Subsec. (c). Pub. L. 101-549, Sec. 901(d)(2), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "For

the purposes of this section there are authorized to be

appropriated $75,000,000 for the fiscal year ending June 30, 1971,

$125,000,000 for the fiscal year ending June 30, 1972, $150,000,000

for the fiscal year ending June 30, 1973, and $150,000,000 for the

fiscal year ending June 30, 1974, and $150,000,000 for the fiscal

year ending June 30, 1975. Amounts appropriated pursuant to this

subsection shall remain available until expended."

1974 - Subsec. (c). Pub. L. 93-319 authorized appropriation of

$150,000,000 for fiscal year ending June 30, 1975.

1973 - Subsec. (c). Pub. L. 93-15 authorized appropriation of

$150,000,000 for fiscal year ending June 30, 1974.

1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary".

Subsec. (a)(1). Pub. L. 91-604, Sec. 2(b), inserted provisions

authorizing research programs directed toward development of

techniques for improving the efficiency of fuels combustion so as

to decrease atmospheric emissions, and producing synthetic or new

fuels which result in decreased atmospheric emissions.

Subsec. (a)(2). Pub. L. 91-604, Sec. 2(c), added cls. (B) and (C)

and redesignated former cl. (B) as (D).

Subsec. (b). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary".

Subsec. (c). Pub. L. 91-604, Sec. 13(a), substituted provisions

authorizing appropriations for fiscal years ending June 30, 1971,

1972, and 1973, for provisions authorizing appropriations for

fiscal years ending June 30, 1968 and 1969.

1969 - Subsec. (c). Pub. L. 91-137 authorized appropriation of

$45,000,000 for fiscal year ending June 30, 1970.

HYDROGEN FUEL CELL VEHICLE STUDY AND TEST PROGRAM

Section 807 of Pub. L. 101-549 provided that: "The Administrator

of the Environmental Protection Agency, in conjunction with the

National Aeronautics and Space Administration and the Department of

Energy, shall conduct a study and test program on the development

of a hydrogen fuel cell electric vehicle. The study and test

program shall determine how best to transfer existing NASA hydrogen

fuel cell technology into the form of a mass-producible, cost

effective hydrogen fuel cell vehicle. Such study and test program

shall include at a minimum a feasibility-design study, the

construction of a prototype, and a demonstration. This study and

test program should be completed and a report submitted to Congress

within 3 years after the enactment of the Clean Air Act Amendments

of 1990 [Nov. 15, 1990]. This study and test program should be

performed in the university or universities which are best

exhibiting the facilities and expertise to develop such a fuel cell

vehicle."

COMBUSTION OF CONTAMINATED USED OIL IN SHIPS

Section 813 of Pub. L. 101-549 provided that: "Within 2 years

after the enactment of the Clean Air Act Amendments of 1990 [Nov.

15, 1990], the Administrator of the Environmental Protection Agency

shall complete a study and submit a report to Congress evaluating

the health and environmental impacts of the combustion of

contaminated used oil in ships, the reasons for using such oil for

such purposes, the alternatives to such use, the costs of such

alternatives, and other relevant factors and impacts. In preparing

such study, the Administrator shall obtain the view and comments of

all interested persons and shall consult with the Secretary of

Transportation and the Secretary of the department in which the

Coast Guard is operating."

EXTENSION TO AUG. 31, 1970 OF AUTHORIZATION PERIOD FOR FISCAL YEAR

1970

Pub. L. 91-316, July 10, 1970, 84 Stat. 416, provided in part

that the authorization contained in section 104(c) of the Clean Air

Act [subsec. (c) of this section] for the fiscal year ending June

30, 1970, should remain available through Aug. 31, 1970,

notwithstanding any provisions of this section.

-End-

-CITE-

42 USC Sec. 7405 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7405. Grants for support of air pollution planning and control

programs

-STATUTE-

(a) Amounts; limitations; assurances of plan development capability

(1)(A) The Administrator may make grants to air pollution control

agencies, within the meaning of paragraph (1), (2), (3), (4), or

(5) of section 7602 of this title, in an amount up to three-fifths

of the cost of implementing programs for the prevention and control

of air pollution or implementation of national primary and

secondary ambient air quality standards. For the purpose of this

section, "implementing" means any activity related to the planning,

developing, establishing, carrying-out, improving, or maintaining

of such programs.

(B) Subject to subsections (b) and (c) of this section, an air

pollution control agency which receives a grant under subparagraph

(A) and which contributes less than the required two-fifths minimum

shall have 3 years following November 15, 1990, in which to

contribute such amount. If such an agency fails to meet and

maintain this required level, the Administrator shall reduce the

amount of the Federal contribution accordingly.

(C) With respect to any air quality control region or portion

thereof for which there is an applicable implementation plan under

section 7410 of this title, grants under subparagraph (A) may be

made only to air pollution control agencies which have substantial

responsibilities for carrying out such applicable implementation

plan.

(2) Before approving any grant under this subsection to any air

pollution control agency within the meaning of sections 7602(b)(2)

and 7602(b)(4) of this title, the Administrator shall receive

assurances that such agency provides for adequate representation of

appropriate State, interstate, local, and (when appropriate)

international, interests in the air quality control region.

(3) Before approving any planning grant under this subsection to

any air pollution control agency within the meaning of sections

7602(b)(2) and 7602(b)(4) of this title, the Administrator shall

receive assurances that such agency has the capability of

developing a comprehensive air quality plan for the air quality

control region, which plan shall include (when appropriate) a

recommended system of alerts to avert and reduce the risk of

situations in which there may be imminent and serious danger to the

public health or welfare from air pollutants and the various

aspects relevant to the establishment of air quality standards for

such air quality control region, including the concentration of

industries, other commercial establishments, population and

naturally occurring factors which shall affect such standards.

(b) Terms and conditions; regulations; factors for consideration;

State expenditure limitations

(1) From the sums available for the purposes of subsection (a) of

this section for any fiscal year, the Administrator shall from time

to time make grants to air pollution control agencies upon such

terms and conditions as the Administrator may find necessary to

carry out the purpose of this section. In establishing regulations

for the granting of such funds the Administrator shall, so far as

practicable, give due consideration to (A) the population, (B) the

extent of the actual or potential air pollution problem, and (C)

the financial need of the respective agencies.

(2) Not more than 10 per centum of the total of funds

appropriated or allocated for the purposes of subsection (a) of

this section shall be granted for air pollution control programs in

any one State. In the case of a grant for a program in an area

crossing State boundaries, the Administrator shall determine the

portion of such grant that is chargeable to the percentage

limitation under this subsection for each State into which such

area extends. Subject to the provisions of paragraph (1) of this

subsection, no State shall have made available to it for

application less than one-half of 1 per centum of the annual

appropriation for grants under this section for grants to agencies

within such State.

(c) Maintenance of effort

(1) No agency shall receive any grant under this section during

any fiscal year when its expenditures of non-Federal funds for

recurrent expenditures for air pollution control programs will be

less than its expenditures were for such programs during the

preceding fiscal year. In order for the Administrator to award

grants under this section in a timely manner each fiscal year, the

Administrator shall compare an agency's prospective expenditure

level to that of its second preceding fiscal year. The

Administrator shall revise the current regulations which define

applicable nonrecurrent and recurrent expenditures, and in so

doing, give due consideration to exempting an agency from the

limitations of this paragraph and subsection (a) of this section

due to periodic increases experienced by that agency from time to

time in its annual expenditures for purposes acceptable to the

Administrator for that fiscal year.

(2) The Administrator may still award a grant to an agency not

meeting the requirements of paragraph (l) (!1) of this subsection

if the Administrator, after notice and opportunity for public

hearing, determines that a reduction in expenditures is

attributable to a non-selective reduction in the expenditures in

the programs of all Executive branch agencies of the applicable

unit of Government. No agency shall receive any grant under this

section with respect to the maintenance of a program for the

prevention and control of air pollution unless the Administrator is

satisfied that such a grant will be so used to supplement and, to

the extent practicable, increase the level of State, local, or

other non-Federal funds. No grants shall be made under this section

until the Administrator has consulted with the appropriate official

as designated by the Governor or Governors of the State or States

affected.

(d) Reduction of payments; availability of reduced amounts; reduced

amount as deemed paid to agency for purpose of determining amount

of grant

The Administrator, with the concurrence of any recipient of a

grant under this section, may reduce the payments to such recipient

by the amount of the pay, allowances, traveling expenses, and any

other costs in connection with the detail of any officer or

employee to the recipient under section 7601 of this title, when

such detail is for the convenience of, and at the request of, such

recipient and for the purpose of carrying out the provisions of

this chapter. The amount by which such payments have been reduced

shall be available for payment of such costs by the Administrator,

but shall, for the purpose of determining the amount of any grant

to a recipient under subsection (a) of this section, be deemed to

have been paid to such agency.

(e) Notice and opportunity for hearing when affected by adverse

action

No application by a State for a grant under this section may be

disapproved by the Administrator without prior notice and

opportunity for a public hearing in the affected State, and no

commitment or obligation of any funds under any such grant may be

revoked or reduced without prior notice and opportunity for a

public hearing in the affected State (or in one of the affected

States if more than one State is affected).

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 105, formerly Sec. 4, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 395;

renumbered Sec. 104 and amended Pub. L. 89-272, title I, Sec.

101(2)-(4), Oct. 20, 1965, 79 Stat. 992; Pub. L. 89-675, Sec. 3,

Oct. 15, 1966, 80 Stat. 954; renumbered Sec. 105 and amended Pub.

L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 489; Pub. L. 91-604,

Secs. 3(a), (b)(1), 15(c)(2), Dec. 31, 1970, 84 Stat. 1677, 1713;

Pub. L. 95-95, title I, Sec. 102, title III, Sec. 305(b), Aug. 7,

1977, 91 Stat. 687, 776; Pub. L. 101-549, title VIII, Sec.

802(a)-(e), Nov. 15, 1990, 104 Stat. 2687, 2688.)

-COD-

CODIFICATION

Section was formerly classified to section 1857c of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 105 of act July 14, 1955, was renumbered section

108 by Pub. L. 90-148 and is classified to section 7415 of this

title.

Provisions similar to those in subsecs. (a) and (b) of this

section were contained in a prior section 1857d of this title, act

July 14, 1955, ch. 360, Sec. 5, 69 Stat. 322, as amended Sept. 22,

1959, Pub. L. 86-365, Sec. 1, 73 Stat. 646; Oct. 9, 1962, Pub. L.

87-761, Sec. 1, 76 Stat. 760, prior to the general amendment by

Pub. L. 88-206.

AMENDMENTS

1990 - Subsec. (a)(1)(A), (B). Pub. L. 101-549, Sec. 802(a),

amended subpars. (A) and (B) generally. Prior to amendment,

subpars. (A) and (B) read as follows:

"(A) The Administrator may make grants to air pollution control

agencies in an amount up to two-thirds of the cost of planning,

developing, establishing, or improving, and up to one-half of the

cost of maintaining, programs for the prevention and control of air

pollution or implementation of national primary and secondry [sic]

ambient air quality standards.

"(B) Subject to subparagraph (C), the Administrator may make

grants to air pollution control agencies within the meaning of

paragraph (1), (2), or (4) of section 7602(b) of this title in an

amount up to three-fourths of the cost of planning, developing,

establishing, or improving, and up to three-fifths of the cost of

maintaining, any program for the prevention and control of air

pollution or implementation of national primary and secondary

ambient air quality standards in an area that includes two or more

municipalities, whether in the same or different States."

Subsec. (a)(1)(C). Pub. L. 101-549, Sec. 802(b), substituted

"subparagraph (A)" for "subparagraph (B)".

Subsec. (b)(1). Pub. L. 101-549, Sec. 802(c), designated existing

provisions of subsec. (b) as par. (1), redesignated former cls. (1)

to (3) as cls. (A) to (C), respectively, and struck out at end "No

agency shall receive any grant under this section during any fiscal

year when its expenditures of non-Federal funds for other than

nonrecurrent expenditures for air pollution control programs will

be less than its expenditures were for such programs during the

preceding fiscal year, unless the Administrator, after notice and

opportunity for public hearing, determines that a reduction in

expenditures is attributable to a nonselective reduction in

expenditures in the programs of all executive branch agencies of

the applicable unit of Government; and no agency shall receive any

grant under this section with respect to the maintenance of a

program for the prevention and control of air pollution unless the

Administrator is satisfied that such grant will be so used to

supplement and, to the extent practicable, increase the level of

State, local, or other non-Federal funds that would in the absence

of such grant be made available for the maintenance of such

program, and will in no event supplant such State, local, or other

non-Federal funds. No grant shall be made under this section until

the Administrator has consulted with the appropriate official as

designated by the Governor or Governors of the State or States

affected."

Subsec. (b)(2). Pub. L. 101-549, Sec. 802(d), redesignated

subsec. (c) as subsec. (b)(2) and substituted "Subject to the

provisions of paragraph (1) of this subsection, no State shall have

made available to it for application less than one-half of 1 per

centum of the annual appropriation for grants under this section

for grants to agencies within such State." for "In fiscal year 1978

and subsequent fiscal years, subject to the provisions of

subsection (b) of this section, no State shall receive less than

one-half of 1 per centum of the annual appropriation for grants

under this section for grants to agencies within such State."

Subsec. (c). Pub. L. 101-549, Sec. 802(e), added subsec. (c).

Former subsec. (c) redesignated (b)(2).

1977 - Subsec. (b). Pub. L. 95-95, Sec. 102(a), inserted ",

unless the Administrator, after notice and opportunity for hearing,

determines that a reduction in expenditures is attributable to a

nonselective reduction in expenditures in the programs of all

executive branch agencies of the applicable unit of Government"

after "will be less than its expenditures were for such programs

during the preceding fiscal year".

Subsec. (c). Pub. L. 95-95, Sec. 102(b), provided that in fiscal

year 1978 and subsequent fiscal years, subject to provisions of

subsec. (b) of this section, no State shall receive less than

one-half of 1 per centum of the annual appropriation for grants

under this section for grants to agencies within such State.

Subsec. (e). Pub. L. 95-95, Sec. 305(b), added subsec. (e).

1970 - Subsec. (a)(1). Pub. L. 91-604, Sec. 3(a), substituted

provisions authorizing the Administrator to make grants, for

provisions authorizing the Secretary to make grants, and provisions

authorizing grants for programs implementing national primary and

secondary ambient air quality standards, for provisions authorizing

grants for programs implementing air quality standards authorized

by this subchapter, and inserted the provision requiring grants to

air pollution control agencies be made to agencies having

substantial responsibilities for carrying out the applicable

implementation plan with respect to the air quality control region

or portion thereof.

Subsecs. (a)(2), (3), (b), (c). Pub. L. 91-604, Sec. 15(c)(2),

substituted "Administrator" for "Secretary" wherever appearing.

Subsec. (d). Pub. L. 91-604, Sec. 3(b)(1), added subsec. (d).

1967 - Subsec. (a). Pub. L. 90-148 designated existing provisions

as par. (1), substituted "regional air quality control program" for

"regional air pollution control program," added planning to list of

authorized activities, and added programs for implementation of air

quality standards authorized by this chapter to list of authorized

programs, and added pars. (2) and (3).

Subsec. (b). Pub. L. 90-148 made minor changes in the order of

provisions.

Subsec. (c). Pub. L. 90-148 reduced percentage limitation on

portion of total funds which might be granted for air pollution

control programs in any one State from 12 1/2 per centum to 10 per

centum.

1966 - Subsec. (a). Pub. L. 89-675, Sec. 3(a)(1), struck out

provisions limiting available funds to 20 per centum of sums

appropriated annually for purpose of this subchapter, inserted

provisions allowing grants to air pollution control agencies up to

one-half of cost of maintaining programs for prevention and control

of air pollution, and authorized Secretary to make grants of up to

three-fifths of cost of maintaining regional air pollution control

programs.

Subsec. (b). Pub. L. 89-675, Sec. 3(a)(2), substituted "for the

purpose of" for "under", permitted grantees to reduce annual

expenditures to the extent that nonrecurrent costs are involved for

purposes of application of the provision that no agency may receive

grants during any fiscal year when its expenditures of non-Federal

funds for air pollution control programs are less than its

expenditures for such programs during the preceding year, and

inserted provisions insuring that Federal funds will in no event be

used to supplant State or local government funds in maintaining air

pollution control programs.

Subsec. (c). Pub. L. 89-675, Sec. 3(b), substituted "total of

funds appropriated or allocated for the purposes of subsection (a)

of this section shall be granted for air pollution control

programs" for "grant funds available under subsection (a) of this

section shall be expended" and authorized the Secretary to

determine the portion of grants to interstate agencies to be

charged against the twelve and one-half percent limitation of grant

funds to any one State.

1965 - Subsec. (a). Pub. L. 89-272 substituted "this title" for

"this Act", which for purposes of codification has been changed to

"this subchapter", and "section 302(b)(2) and (4)" for "section

9(b)(2) and (4)", which for purposes of codification has been

changed to "section 7602(b)(2) and (4) of this title".

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7509, 7601 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be paragraph "(1)".

-End-

-CITE-

42 USC Sec. 7406 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7406. Interstate air quality agencies; program cost

limitations

-STATUTE-

For the purpose of developing implementation plans for any

interstate air quality control region designated pursuant to

section 7407 of this title or of implementing section 7506a of this

title (relating to control of interstate air pollution) or section

7511c of this title (relating to control of interstate ozone

pollution), the Administrator is authorized to pay, for two years,

up to 100 per centum of the air quality planning program costs of

any commission established under section 7506a of this title

(relating to control of interstate air pollution) or section 7511c

of this title (relating to control of interstate ozone pollution)

or any agency designated by the Governors of the affected States,

which agency shall be capable of recommending to the Governors

plans for implementation of national primary and secondary ambient

air quality standards and shall include representation from the

States and appropriate political subdivisions within the air

quality control region. After the initial two-year period the

Administrator is authorized to make grants to such agency or such

commission in an amount up to three-fifths of the air quality

implementation program costs of such agency or commission.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 106, as added Pub. L.

90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 490; amended Pub. L.

91-604, Sec. 3(c), Dec. 31, 1970, 84 Stat. 1677; Pub. L. 101-549,

title I, Sec. 102(f)(2), title VIII, Sec. 802(f), Nov. 15, 1990,

104 Stat. 2420, 2688.)

-COD-

CODIFICATION

Section was formerly classified to section 1857c-1 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 106 of act July 14, 1955, was renumbered section

117 by Pub. L. 91-604 and is classified to section 7417 of this

title.

AMENDMENTS

1990 - Pub. L. 101-549, Sec. 102(f)(2)(A), inserted "or of

implementing section 7506a of this title (relating to control of

interstate air pollution) or section 7511c of this title (relating

to control of interstate ozone pollution)" after "section 7407 of

this title".

Pub. L. 101-549, Sec. 102(f)(2)(B), which directed insertion of

"any commission established under section 7506a of this title

(relating to control of interstate air pollution) or section 7511c

of this title (relating to control of interstate ozone pollution)

or" after "program costs of", was executed by making the insertion

after that phrase the first place it appeared to reflect the

probable intent of Congress.

Pub. L. 101-549, Sec. 102(f)(2)(C), which directed insertion of

"or such commission" after "such agency" in last sentence, was

executed by making insertion after "such agency" the first place it

appeared in the last sentence to reflect the probable intent of

Congress.

Pub. L. 101-549, Secs. 102(f)(2)(D), 802(f), substituted

"three-fifths of the air quality implementation program costs of

such agency or commission" for "three-fourths of the air quality

planning program costs of such agency".

1970 - Pub. L. 91-604 struck out designation "(a)", substituted

provisions authorizing Federal grants for the purpose of developing

implementation plans and provisions requiring the designated State

agency to be capable of recommending plans for implementation of

national primary and secondary ambient air quality standards, for

provisions authorizing Federal grants for the purpose of expediting

the establishment of air quality standards and provisions requiring

the designated State agency to be capable of recommending standards

of air quality and plans for implementation thereof, respectively,

and struck out subsec. (b) which authorized establishment of air

quality planning commissions.

-End-

-CITE-

42 USC Sec. 7407 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7407. Air quality control regions

-STATUTE-

(a) Responsibility of each State for air quality; submission of

implementation plan

Each State shall have the primary responsibility for assuring air

quality within the entire geographic area comprising such State by

submitting an implementation plan for such State which will specify

the manner in which national primary and secondary ambient air

quality standards will be achieved and maintained within each air

quality control region in such State.

(b) Designated regions

For purposes of developing and carrying out implementation plans

under section 7410 of this title -

(1) an air quality control region designated under this section

before December 31, 1970, or a region designated after such date

under subsection (c) of this section, shall be an air quality

control region; and

(2) the portion of such State which is not part of any such

designated region shall be an air quality control region, but

such portion may be subdivided by the State into two or more air

quality control regions with the approval of the Administrator.

(c) Authority of Administrator to designate regions; notification

of Governors of affected States

The Administrator shall, within 90 days after December 31, 1970,

after consultation with appropriate State and local authorities,

designate as an air quality control region any interstate area or

major intrastate area which he deems necessary or appropriate for

the attainment and maintenance of ambient air quality standards.

The Administrator shall immediately notify the Governors of the

affected States of any designation made under this subsection.

(d) Designations

(1) Designations generally

(A) Submission by Governors of initial designations following

promulgation of new or revised standards

By such date as the Administrator may reasonably require, but

not later than 1 year after promulgation of a new or revised

national ambient air quality standard for any pollutant under

section 7409 of this title, the Governor of each State shall

(and at any other time the Governor of a State deems

appropriate the Governor may) submit to the Administrator a

list of all areas (or portions thereof) in the State,

designating as -

(i) nonattainment, any area that does not meet (or that

contributes to ambient air quality in a nearby area that does

not meet) the national primary or secondary ambient air

quality standard for the pollutant,

(ii) attainment, any area (other than an area identified in

clause (i)) that meets the national primary or secondary

ambient air quality standard for the pollutant, or

(iii) unclassifiable, any area that cannot be classified on

the basis of available information as meeting or not meeting

the national primary or secondary ambient air quality

standard for the pollutant.

The Administrator may not require the Governor to submit the

required list sooner than 120 days after promulgating a new or

revised national ambient air quality standard.

(B) Promulgation by EPA of designations

(i) Upon promulgation or revision of a national ambient air

quality standard, the Administrator shall promulgate the

designations of all areas (or portions thereof) submitted under

subparagraph (A) as expeditiously as practicable, but in no

case later than 2 years from the date of promulgation of the

new or revised national ambient air quality standard. Such

period may be extended for up to one year in the event the

Administrator has insufficient information to promulgate the

designations.

(ii) In making the promulgations required under clause (i),

the Administrator may make such modifications as the

Administrator deems necessary to the designations of the areas

(or portions thereof) submitted under subparagraph (A)

(including to the boundaries of such areas or portions

thereof). Whenever the Administrator intends to make a

modification, the Administrator shall notify the State and

provide such State with an opportunity to demonstrate why any

proposed modification is inappropriate. The Administrator shall

give such notification no later than 120 days before the date

the Administrator promulgates the designation, including any

modification thereto. If the Governor fails to submit the list

in whole or in part, as required under subparagraph (A), the

Administrator shall promulgate the designation that the

Administrator deems appropriate for any area (or portion

thereof) not designated by the State.

(iii) If the Governor of any State, on the Governor's own

motion, under subparagraph (A), submits a list of areas (or

portions thereof) in the State designated as nonattainment,

attainment, or unclassifiable, the Administrator shall act on

such designations in accordance with the procedures under

paragraph (3) (relating to redesignation).

(iv) A designation for an area (or portion thereof) made

pursuant to this subsection shall remain in effect until the

area (or portion thereof) is redesignated pursuant to paragraph

(3) or (4).

(C) Designations by operation of law

(i) Any area designated with respect to any air pollutant

under the provisions of paragraph (1)(A), (B), or (C) of this

subsection (as in effect immediately before November 15, 1990)

is designated, by operation of law, as a nonattainment area for

such pollutant within the meaning of subparagraph (A)(i).

(ii) Any area designated with respect to any air pollutant

under the provisions of paragraph (1)(E) (as in effect

immediately before November 15, 1990) is designated by

operation of law, as an attainment area for such pollutant

within the meaning of subparagraph (A)(ii).

(iii) Any area designated with respect to any air pollutant

under the provisions of paragraph (1)(D) (as in effect

immediately before November 15, 1990) is designated, by

operation of law, as an unclassifiable area for such pollutant

within the meaning of subparagraph (A)(iii).

(2) Publication of designations and redesignations

(A) The Administrator shall publish a notice in the Federal

Register promulgating any designation under paragraph (1) or (5),

or announcing any designation under paragraph (4), or

promulgating any redesignation under paragraph (3).

(B) Promulgation or announcement of a designation under

paragraph (1), (4) or (5) shall not be subject to the provisions

of sections 553 through 557 of title 5 (relating to notice and

comment), except nothing herein shall be construed as precluding

such public notice and comment whenever possible.

(3) Redesignation

(A) Subject to the requirements of subparagraph (E), and on the

basis of air quality data, planning and control considerations,

or any other air quality-related considerations the Administrator

deems appropriate, the Administrator may at any time notify the

Governor of any State that available information indicates that

the designation of any area or portion of an area within the

State or interstate area should be revised. In issuing such

notification, which shall be public, to the Governor, the

Administrator shall provide such information as the Administrator

may have available explaining the basis for the notice.

(B) No later than 120 days after receiving a notification under

subparagraph (A), the Governor shall submit to the Administrator

such redesignation, if any, of the appropriate area (or areas) or

portion thereof within the State or interstate area, as the

Governor considers appropriate.

(C) No later than 120 days after the date described in

subparagraph (B) (or paragraph (1)(B)(iii)), the Administrator

shall promulgate the redesignation, if any, of the area or

portion thereof, submitted by the Governor in accordance with

subparagraph (B), making such modifications as the Administrator

may deem necessary, in the same manner and under the same

procedure as is applicable under clause (ii) of paragraph (1)(B),

except that the phrase "60 days" shall be substituted for the

phrase "120 days" in that clause. If the Governor does not

submit, in accordance with subparagraph (B), a redesignation for

an area (or portion thereof) identified by the Administrator

under subparagraph (A), the Administrator shall promulgate such

redesignation, if any, that the Administrator deems appropriate.

(D) The Governor of any State may, on the Governor's own

motion, submit to the Administrator a revised designation of any

area or portion thereof within the State. Within 18 months of

receipt of a complete State redesignation submittal, the

Administrator shall approve or deny such redesignation. The

submission of a redesignation by a Governor shall not affect the

effectiveness or enforceability of the applicable implementation

plan for the State.

(E) The Administrator may not promulgate a redesignation of a

nonattainment area (or portion thereof) to attainment unless -

(i) the Administrator determines that the area has attained

the national ambient air quality standard;

(ii) the Administrator has fully approved the applicable

implementation plan for the area under section 7410(k) of this

title;

(iii) the Administrator determines that the improvement in

air quality is due to permanent and enforceable reductions in

emissions resulting from implementation of the applicable

implementation plan and applicable Federal air pollutant

control regulations and other permanent and enforceable

reductions;

(iv) the Administrator has fully approved a maintenance plan

for the area as meeting the requirements of section 7505a of

this title; and

(v) the State containing such area has met all requirements

applicable to the area under section 7410 of this title and

part D of this subchapter.

(F) The Administrator shall not promulgate any redesignation of

any area (or portion thereof) from nonattainment to

unclassifiable.

(4) Nonattainment designations for ozone, carbon monoxide and

particulate matter (PM-10)

(A) Ozone and carbon monoxide

(i) Within 120 days after November 15, 1990, each Governor of

each State shall submit to the Administrator a list that

designates, affirms or reaffirms the designation of, or

redesignates (as the case may be), all areas (or portions

thereof) of the Governor's State as attainment, nonattainment,

or unclassifiable with respect to the national ambient air

quality standards for ozone and carbon monoxide.

(ii) No later than 120 days after the date the Governor is

required to submit the list of areas (or portions thereof)

required under clause (i) of this subparagraph, the

Administrator shall promulgate such designations, making such

modifications as the Administrator may deem necessary, in the

same manner, and under the same procedure, as is applicable

under clause (ii) of paragraph (1)(B), except that the phrase

"60 days" shall be substituted for the phrase "120 days" in

that clause. If the Governor does not submit, in accordance

with clause (i) of this subparagraph, a designation for an area

(or portion thereof), the Administrator shall promulgate the

designation that the Administrator deems appropriate.

(iii) No nonattainment area may be redesignated as an

attainment area under this subparagraph.

(iv) Notwithstanding paragraph (1)(C)(ii) of this subsection,

if an ozone or carbon monoxide nonattainment area located

within a metropolitan statistical area or consolidated

metropolitan statistical area (as established by the Bureau of

the Census) is classified under part D of this subchapter as a

Serious, Severe, or Extreme Area, the boundaries of such area

are hereby revised (on the date 45 days after such

classification) by operation of law to include the entire

metropolitan statistical area or consolidated metropolitan

statistical area, as the case may be, unless within such 45-day

period the Governor (in consultation with State and local air

pollution control agencies) notifies the Administrator that

additional time is necessary to evaluate the application of

clause (v). Whenever a Governor has submitted such a notice to

the Administrator, such boundary revision shall occur on the

later of the date 8 months after such classification or 14

months after November 15, 1990, unless the Governor makes the

finding referred to in clause (v), and the Administrator

concurs in such finding, within such period. Except as

otherwise provided in this paragraph, a boundary revision under

this clause or clause (v) shall apply for purposes of any State

implementation plan revision required to be submitted after

November 15, 1990.

(v) Whenever the Governor of a State has submitted a notice

under clause (iv), the Governor, in consultation with State and

local air pollution control agencies, shall undertake a study

to evaluate whether the entire metropolitan statistical area or

consolidated metropolitan statistical area should be included

within the nonattainment area. Whenever a Governor finds and

demonstrates to the satisfaction of the Administrator, and the

Administrator concurs in such finding, that with respect to a

portion of a metropolitan statistical area or consolidated

metropolitan statistical area, sources in the portion do not

contribute significantly to violation of the national ambient

air quality standard, the Administrator shall approve the

Governor's request to exclude such portion from the

nonattainment area. In making such finding, the Governor and

the Administrator shall consider factors such as population

density, traffic congestion, commercial development, industrial

development, meteorological conditions, and pollution

transport.

(B) PM-10 designations

By operation of law, until redesignation by the Administrator

pursuant to paragraph (3) -

(i) each area identified in 52 Federal Register 29383 (Aug.

7, 1987) as a Group I area (except to the extent that such

identification was modified by the Administrator before

November 15, 1990) is designated nonattainment for PM-10;

(ii) any area containing a site for which air quality

monitoring data show a violation of the national ambient air

quality standard for PM-10 before January 1, 1989 (as

determined under part 50, appendix K of title 40 of the Code

of Federal Regulations) is hereby designated nonattainment

for PM-10; and

(iii) each area not described in clause (i) or (ii) is

hereby designated unclassifiable for PM-10.

Any designation for particulate matter (measured in terms of

total suspended particulates) that the Administrator

promulgated pursuant to this subsection (as in effect

immediately before November 15, 1990) shall remain in effect

for purposes of implementing the maximum allowable increases in

concentrations of particulate matter (measured in terms of

total suspended particulates) pursuant to section 7473(b) of

this title, until the Administrator determines that such

designation is no longer necessary for that purpose.

(5) Designations for lead

The Administrator may, in the Administrator's discretion at any

time the Administrator deems appropriate, require a State to

designate areas (or portions thereof) with respect to the

national ambient air quality standard for lead in effect as of

November 15, 1990, in accordance with the procedures under

subparagraphs (A) and (B) of paragraph (1), except that in

applying subparagraph (B)(i) of paragraph (1) the phrase "2 years

from the date of promulgation of the new or revised national

ambient air quality standard" shall be replaced by the phrase "1

year from the date the Administrator notifies the State of the

requirement to designate areas with respect to the standard for

lead".

(e) Redesignation of air quality control regions

(1) Except as otherwise provided in paragraph (2), the Governor

of each State is authorized, with the approval of the

Administrator, to redesignate from time to time the air quality

control regions within such State for purposes of efficient and

effective air quality management. Upon such redesignation, the list

under subsection (d) of this section shall be modified accordingly.

(2) In the case of an air quality control region in a State, or

part of such region, which the Administrator finds may

significantly affect air pollution concentrations in another State,

the Governor of the State in which such region, or part of a

region, is located may redesignate from time to time the boundaries

of so much of such air quality control region as is located within

such State only with the approval of the Administrator and with the

consent of all Governors of all States which the Administrator

determines may be significantly affected.

(3) No compliance date extension granted under section 7413(d)(5)

(!1) of this title (relating to coal conversion) shall cease to be

effective by reason of the regional limitation provided in section

7413(d)(5) (!1) of this title if the violation of such limitation

is due solely to a redesignation of a region under this subsection.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 107, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1678; amended Pub. L.

95-95, title I, Sec. 103, Aug. 7, 1977, 91 Stat. 687; Pub. L.

101-549, title I, Sec. 101(a), Nov. 15, 1990, 104 Stat. 2399.)

-REFTEXT-

REFERENCES IN TEXT

Section 7413 of this title, referred to in subsec. (e)(3), was

amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15,

1990, 104 Stat. 2672, and, as so amended, subsec. (d) of section

7413 no longer relates to final compliance orders.

-COD-

CODIFICATION

Section was formerly classified to section 1857c-2 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 107 of act July 14, 1955, as added Nov. 21, 1967,

Pub. L. 90-148, Sec. 2, 81 Stat. 490, related to air quality

control regions and was classified to section 1857c-2 of this

title, prior to repeal by Pub. L. 91-604.

Another prior section 107 of act July 14, 1955, as added Dec. 17,

1963, Pub. L. 88-206, Sec. 1, 77 Stat. 399, was renumbered section

111 by Pub. L. 90-148 and is classified to section 7411 of this

title.

AMENDMENTS

1990 - Subsec. (d). Pub. L. 101-549 amended subsec. (d)

generally, substituting present provisions for provisions which

required States to submit lists of regions not in compliance on

Aug. 7, 1977, with certain air quality standards to be submitted to

the Administrator, and which authorized States to revise and

resubmit such lists from time to time.

1977 - Subsecs. (d), (e). Pub. L. 95-95 added subsecs. (d) and

(e).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

OZONE AND PARTICULATE MATTER STANDARDS

Pub. L. 105-178, title VI, June 9, 1998, 112 Stat. 463, provided

that:

"SEC. 6101. FINDINGS AND PURPOSE.

"(a) The Congress finds that -

"(1) there is a lack of air quality monitoring data for fine

particle levels, measured as PMG52.5, in the United States and

the States should receive full funding for the monitoring

efforts;

"(2) such data would provide a basis for designating areas as

attainment or nonattainment for any PMG52.5 national ambient air

quality standards pursuant to the standards promulgated in July

1997;

"(3) the President of the United States directed the

Administrator of the Environmental Protection Agency (referred to

in this title as the 'Administrator') in a memorandum dated July

16, 1997, to complete the next periodic review of the particulate

matter national ambient air quality standards by July 2002 in

order to determine 'whether to revise or maintain the standards';

"(4) the Administrator has stated that 3 years of air quality

monitoring data for fine particle levels, measured as PMG52.5

and performed in accordance with any applicable Federal reference

methods, is appropriate for designating areas as attainment or

nonattainment pursuant to the July 1997 promulgated standards;

and

"(5) the Administrator has acknowledged that in drawing

boundaries for attainment and nonattainment areas for the July

1997 ozone national air quality standards, Governors would

benefit from considering implementation guidance from EPA on

drawing area boundaries.

"(b) The purposes of this title are -

"(1) to ensure that 3 years of air quality monitoring data

regarding fine particle levels are gathered for use in the

determination of area attainment or nonattainment designations

respecting any PMG52.5 national ambient air quality standards;

"(2) to ensure that the Governors have adequate time to

consider implementation guidance from EPA on drawing area

boundaries prior to submitting area designations respecting the

July 1997 ozone national ambient air quality standards;

"(3) to ensure that the schedule for implementation of the July

1997 revisions of the ambient air quality standards for

particulate matter and the schedule for the Environmental

Protection Agency's visibility regulations related to regional

haze are consistent with the timetable for implementation of such

particulate matter standards as set forth in the President's

Implementation Memorandum dated July 16, 1997.

"SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM.

"(a) Through grants under section 103 of the Clean Air Act [42

U.S.C. 7403] the Administrator of the Environmental Protection

Agency shall use appropriated funds no later than fiscal year 2000

to fund 100 percent of the cost of the establishment, purchase,

operation and maintenance of a PMG52.5 monitoring network

necessary to implement the national ambient air quality standards

for PMG52.5 under section 109 of the Clean Air Act [42 U.S.C.

7409]. This implementation shall not result in a diversion or

reprogramming of funds from other Federal, State or local Clean Air

Act activities. Any funds previously diverted or reprogrammed from

section 105 Clean Air Act [42 U.S.C. 7405] grants for PMG52.5

monitors must be restored to State or local air programs in fiscal

year 1999.

"(b) EPA and the States, consistent with their respective

authorities under the Clean Air Act [42 U.S.C. 7401 et seq.], shall

ensure that the national network (designated in subsection (a))

which consists of the PMG52.5 monitors necessary to implement the

national ambient air quality standards is established by December

31, 1999.

"(c)(1) The Governors shall be required to submit designations

referred to in section 107(d)(1) of the Clean Air Act [42 U.S.C.

7407(d)(1)] for each area following promulgation of the July 1997

PMG52.5 national ambient air quality standard within 1 year after

receipt of 3 years of air quality monitoring data performed in

accordance with any applicable Federal reference methods for the

relevant areas. Only data from the monitoring network designated in

subsection (a) and other Federal reference method PMG52.5 monitors

shall be considered for such designations. Nothing in the previous

sentence shall be construed as affecting the Governor's authority

to designate an area initially as nonattainment, and the

Administrator's authority to promulgate the designation of an area

as nonattainment, under section 107(d)(1) of the Clean Air Act,

based on its contribution to ambient air quality in a nearby

nonattainment area.

"(2) For any area designated as nonattainment for the July 1997

PMG52.5 national ambient air quality standard in accordance with

the schedule set forth in this section, notwithstanding the time

limit prescribed in paragraph (2) of section 169B(e) of the Clean

Air Act [42 U.S.C. 7492(e)(2)], the Administrator shall require

State implementation plan revisions referred to in such paragraph

(2) to be submitted at the same time as State implementation plan

revisions referred to in section 172 of the Clean Air Act [42

U.S.C. 7502] implementing the revised national ambient air quality

standard for fine particulate matter are required to be submitted.

For any area designated as attainment or unclassifiable for such

standard, the Administrator shall require the State implementation

plan revisions referred to in such paragraph (2) to be submitted 1

year after the area has been so designated. The preceding

provisions of this paragraph shall not preclude the implementation

of the agreements and recommendations set forth in the Grand Canyon

Visibility Transport Commission Report dated June 1996.

"(d) The Administrator shall promulgate the designations referred

to in section 107(d)(1) of the Clean Air Act [42 U.S.C. 7407(d)(1)]

for each area following promulgation of the July 1997 PMG52.5

national ambient air quality standard by the earlier of 1 year

after the initial designations required under subsection (c)(1) are

required to be submitted or December 31, 2005.

"(e) The Administrator shall conduct a field study of the ability

of the PMG52.5 Federal Reference Method to differentiate those

particles that are larger than 2.5 micrograms in diameter. This

study shall be completed and provided to the Committee on Commerce

[now Committee on Energy and Commerce] of the House of

Representatives and the Committee on Environment and Public Works

of the United States Senate no later than 2 years from the date of

enactment of this Act [June 9, 1998].

"SEC. 6103. OZONE DESIGNATION REQUIREMENTS.

"(a) The Governors shall be required to submit the designations

referred to in section 107(d)(1) of the Clean Air Act [42 U.S.C.

7407(d)(1)] within 2 years following the promulgation of the July

1997 ozone national ambient air quality standards.

"(b) The Administrator shall promulgate final designations no

later than 1 year after the designations required under subsection

(a) are required to be submitted.

"SEC. 6104. ADDITIONAL PROVISIONS.

"Nothing in sections 6101 through 6103 shall be construed by the

Administrator of Environmental Protection Agency or any court,

State, or person to affect any pending litigation or to be a

ratification of the ozone or PMG52.5 standards."

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7406, 7429, 7471, 7472,

7477, 7501, 7502, 7505a, 7506, 7509, 7511, 7511e, 7512, 7513,

7513a, 7514, 7545, 7607, 7651d of this title; title 23 sections

101, 109, 149.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7408 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7408. Air quality criteria and control techniques

-STATUTE-

(a) Air pollutant list; publication and revision by Administrator;

issuance of air quality criteria for air pollutants

(1) For the purpose of establishing national primary and

secondary ambient air quality standards, the Administrator shall

within 30 days after December 31, 1970, publish, and shall from

time to time thereafter revise, a list which includes each air

pollutant -

(A) emissions of which, in his judgment, cause or contribute to

air pollution which may reasonably be anticipated to endanger

public health or welfare;

(B) the presence of which in the ambient air results from

numerous or diverse mobile or stationary sources; and

(C) for which air quality criteria had not been issued before

December 31, 1970 but for which he plans to issue air quality

criteria under this section.

(2) The Administrator shall issue air quality criteria for an air

pollutant within 12 months after he has included such pollutant in

a list under paragraph (1). Air quality criteria for an air

pollutant shall accurately reflect the latest scientific knowledge

useful in indicating the kind and extent of all identifiable

effects on public health or welfare which may be expected from the

presence of such pollutant in the ambient air, in varying

quantities. The criteria for an air pollutant, to the extent

practicable, shall include information on -

(A) those variable factors (including atmospheric conditions)

which of themselves or in combination with other factors may

alter the effects on public health or welfare of such air

pollutant;

(B) the types of air pollutants which, when present in the

atmosphere, may interact with such pollutant to produce an

adverse effect on public health or welfare; and

(C) any known or anticipated adverse effects on welfare.

(b) Issuance by Administrator of information on air pollution

control techniques; standing consulting committees for air

pollutants; establishment; membership

(1) Simultaneously with the issuance of criteria under subsection

(a) of this section, the Administrator shall, after consultation

with appropriate advisory committees and Federal departments and

agencies, issue to the States and appropriate air pollution control

agencies information on air pollution control techniques, which

information shall include data relating to the cost of installation

and operation, energy requirements, emission reduction benefits,

and environmental impact of the emission control technology. Such

information shall include such data as are available on available

technology and alternative methods of prevention and control of air

pollution. Such information shall also include data on alternative

fuels, processes, and operating methods which will result in

elimination or significant reduction of emissions.

(2) In order to assist in the development of information on

pollution control techniques, the Administrator may establish a

standing consulting committee for each air pollutant included in a

list published pursuant to subsection (a)(1) of this section, which

shall be comprised of technically qualified individuals

representative of State and local governments, industry, and the

academic community. Each such committee shall submit, as

appropriate, to the Administrator information related to that

required by paragraph (1).

(c) Review, modification, and reissuance of criteria or information

The Administrator shall from time to time review, and, as

appropriate, modify, and reissue any criteria or information on

control techniques issued pursuant to this section. Not later than

six months after August 7, 1977, the Administrator shall revise and

reissue criteria relating to concentrations of NOG22 over such

period (not more than three hours) as he deems appropriate. Such

criteria shall include a discussion of nitric and nitrous acids,

nitrites, nitrates, nitrosamines, and other carcinogenic and

potentially carcinogenic derivatives of oxides of nitrogen.

(d) Publication in Federal Register; availability of copies for

general public

The issuance of air quality criteria and information on air

pollution control techniques shall be announced in the Federal

Register and copies shall be made available to the general public.

(e) Transportation planning and guidelines

The Administrator shall, after consultation with the Secretary of

Transportation, and after providing public notice and opportunity

for comment, and with State and local officials, within nine months

after November 15, 1990,(!1) and periodically thereafter as

necessary to maintain a continuous transportation-air quality

planning process, update the June 1978 Transportation-Air Quality

Planning Guidelines and publish guidance on the development and

implementation of transportation and other measures necessary to

demonstrate and maintain attainment of national ambient air quality

standards. Such guidelines shall include information on -

(1) methods to identify and evaluate alternative planning and

control activities;

(2) methods of reviewing plans on a regular basis as conditions

change or new information is presented;

(3) identification of funds and other resources necessary to

implement the plan, including interagency agreements on providing

such funds and resources;

(4) methods to assure participation by the public in all phases

of the planning process; and

(5) such other methods as the Administrator determines

necessary to carry out a continuous planning process.

(f) Information regarding processes, procedures, and methods to

reduce or control pollutants in transportation; reduction of

mobile source related pollutants; reduction of impact on public

health

(1) The Administrator shall publish and make available to

appropriate Federal, State, and local environmental and

transportation agencies not later than one year after November 15,

1990, and from time to time thereafter -

(A) information prepared, as appropriate, in consultation with

the Secretary of Transportation, and after providing public

notice and opportunity for comment, regarding the formulation and

emission reduction potential of transportation control measures

related to criteria pollutants and their precursors, including,

but not limited to -

(i) programs for improved public transit;

(ii) restriction of certain roads or lanes to, or

construction of such roads or lanes for use by, passenger buses

or high occupancy vehicles;

(iii) employer-based transportation management plans,

including incentives;

(iv) trip-reduction ordinances;

(v) traffic flow improvement programs that achieve emission

reductions;

(vi) fringe and transportation corridor parking facilities

serving multiple occupancy vehicle programs or transit service;

(vii) programs to limit or restrict vehicle use in downtown

areas or other areas of emission concentration particularly

during periods of peak use;

(viii) programs for the provision of all forms of

high-occupancy, shared-ride services;

(ix) programs to limit portions of road surfaces or certain

sections of the metropolitan area to the use of non-motorized

vehicles or pedestrian use, both as to time and place;

(x) programs for secure bicycle storage facilities and other

facilities, including bicycle lanes, for the convenience and

protection of bicyclists, in both public and private areas;

(xi) programs to control extended idling of vehicles;

(xii) programs to reduce motor vehicle emissions, consistent

with subchapter II of this chapter, which are caused by extreme

cold start conditions;

(xiii) employer-sponsored programs to permit flexible work

schedules;

(xiv) programs and ordinances to facilitate non-automobile

travel, provision and utilization of mass transit, and to

generally reduce the need for single-occupant vehicle travel,

as part of transportation planning and development efforts of a

locality, including programs and ordinances applicable to new

shopping centers, special events, and other centers of vehicle

activity;

(xv) programs for new construction and major reconstructions

of paths, tracks or areas solely for the use by pedestrian or

other non-motorized means of transportation when economically

feasible and in the public interest. For purposes of this

clause, the Administrator shall also consult with the Secretary

of the Interior; and

(xvi) program to encourage the voluntary removal from use and

the marketplace of pre-1980 model year light duty vehicles and

pre-1980 model light duty trucks.

(B) information on additional methods or strategies that will

contribute to the reduction of mobile source related pollutants

during periods in which any primary ambient air quality standard

will be exceeded and during episodes for which an air pollution

alert, warning, or emergency has been declared;

(C) information on other measures which may be employed to

reduce the impact on public health or protect the health of

sensitive or susceptible individuals or groups; and

(D) information on the extent to which any process, procedure,

or method to reduce or control such air pollutant may cause an

increase in the emissions or formation of any other pollutant.

(2) In publishing such information the Administrator shall also

include an assessment of -

(A) the relative effectiveness of such processes, procedures,

and methods;

(B) the potential effect of such processes, procedures, and

methods on transportation systems and the provision of

transportation services; and

(C) the environmental, energy, and economic impact of such

processes, procedures, and methods.

(g) Assessment of risks to ecosystems

The Administrator may assess the risks to ecosystems from

exposure to criteria air pollutants (as identified by the

Administrator in the Administrator's sole discretion).

(h) RACT/BACT/LAER clearinghouse

The Administrator shall make information regarding emission

control technology available to the States and to the general

public through a central database. Such information shall include

all control technology information received pursuant to State plan

provisions requiring permits for sources, including operating

permits for existing sources.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 108, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1678; amended Pub. L.

95-95, title I, Secs. 104, 105, title IV, Sec. 401(a), Aug. 7,

1977, 91 Stat. 689, 790; Pub. L. 101-549, title I, Secs.

108(a)-(c), (o), 111, Nov. 15, 1990, 104 Stat. 2465, 2466, 2469,

2470; Pub. L. 105-362, title XV, Sec. 1501(b), Nov. 10, 1998, 112

Stat. 3294.)

-COD-

CODIFICATION

November 15, 1990, referred to in subsec. (e), was in the

original "enactment of the Clean Air Act Amendments of 1989", and

was translated as meaning the date of the enactment of Pub. L.

101-549, popularly known as the Clean Air Act Amendments of 1990,

to reflect the probable intent of Congress.

Section was formerly classified to section 1857c-3 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 108 of act July 14, 1955, was renumbered section

115 by Pub. L. 91-604 and is classified to section 7415 of this

title.

AMENDMENTS

1998 - Subsec. (f)(3), (4). Pub. L. 105-362 struck out par. (3),

which required reports by the Secretary of Transportation and the

Administrator to be submitted to Congress by Jan. 1, 1993, and

every 3 years thereafter, reviewing and analyzing existing State

and local air quality related transportation programs, evaluating

achievement of goals, and recommending changes to existing

programs, and par. (4), which required that in each report after

the first report the Secretary of Transportation include a

description of the actions taken to implement the changes

recommended in the preceding report.

1990 - Subsec. (e). Pub. L. 101-549, Sec. 108(a), inserted first

sentence and struck out former first sentence which read as

follows: "The Administrator shall, after consultation with the

Secretary of Transportation and the Secretary of Housing and Urban

Development and State and local officials and within 180 days after

August 7, 1977, and from time to time thereafter, publish

guidelines on the basic program elements for the planning process

assisted under section 7505 of this title."

Subsec. (f)(1). Pub. L. 101-549, Sec. 108(b), in introductory

provisions, substituted present provisions for provisions relating

to Federal agencies, States, and air pollution control agencies

within either 6 months or one year after Aug. 7, 1977.

Subsec. (f)(1)(A). Pub. L. 101-549, Sec. 108(b), substituted

present provisions for provisions relating to information prepared

in cooperation with Secretary of Transportation, regarding

processes, procedures, and methods to reduce certain pollutants.

Subsec. (f)(3), (4). Pub. L. 101-549, Sec. 111, added pars. (3)

and (4).

Subsec. (g). Pub. L. 101-549, Sec. 108(o), added subsec. (g).

Subsec. (h). Pub. L. 101-549, Sec. 108(c), added subsec. (h).

1977 - Subsec. (a)(1)(A). Pub. L. 95-95, Sec. 401(a), substituted

"emissions of which, in his judgment, cause or contribute to air

pollution which may reasonably be anticipated to endanger public

health or welfare" for "which in his judgment has an adverse effect

on public health or welfare".

Subsec. (b)(1). Pub. L. 95-95, Sec. 104(a), substituted "cost of

installation and operation, energy requirements, emission reduction

benefits, and environmental impact of the emission control

technology" for "technology and costs of emission control".

Subsec. (c). Pub. L. 95-95, Sec. 104(b), inserted provision

directing the Administrator, not later than six months after Aug.

7, 1977, to revise and reissue criteria relating to concentrations

of NOG22 over such period (not more than three hours) as he deems

appropriate, with the criteria to include a discussion of nitric

and nitrous acids, nitrites, nitrates, nitrosamines, and other

carcinogenic and potentially carcinogenic derivatives of oxides of

nitrogen.

Subsecs. (e), (f). Pub. L. 95-95, Sec. 105, added subsecs. (e)

and (f).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7403, 7409, 7411, 7412,

7417, 7422, 7504, 7508, 7511a, 7511b, 7513b, 7602 of this title;

title 23 sections 133, 149.

-FOOTNOTE-

(!1) See Codification note below.

-End-

-CITE-

42 USC Sec. 7409 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7409. National primary and secondary ambient air quality

standards

-STATUTE-

(a) Promulgation

(1) The Administrator -

(A) within 30 days after December 31, 1970, shall publish

proposed regulations prescribing a national primary ambient air

quality standard and a national secondary ambient air quality

standard for each air pollutant for which air quality criteria

have been issued prior to such date; and

(B) after a reasonable time for interested persons to submit

written comments thereon (but no later than 90 days after the

initial publication of such proposed standards) shall by

regulation promulgate such proposed national primary and

secondary ambient air quality standards with such modifications

as he deems appropriate.

(2) With respect to any air pollutant for which air quality

criteria are issued after December 31, 1970, the Administrator

shall publish, simultaneously with the issuance of such criteria

and information, proposed national primary and secondary ambient

air quality standards for any such pollutant. The procedure

provided for in paragraph (1)(B) of this subsection shall apply to

the promulgation of such standards.

(b) Protection of public health and welfare

(1) National primary ambient air quality standards, prescribed

under subsection (a) of this section shall be ambient air quality

standards the attainment and maintenance of which in the judgment

of the Administrator, based on such criteria and allowing an

adequate margin of safety, are requisite to protect the public

health. Such primary standards may be revised in the same manner as

promulgated.

(2) Any national secondary ambient air quality standard

prescribed under subsection (a) of this section shall specify a

level of air quality the attainment and maintenance of which in the

judgment of the Administrator, based on such criteria, is requisite

to protect the public welfare from any known or anticipated adverse

effects associated with the presence of such air pollutant in the

ambient air. Such secondary standards may be revised in the same

manner as promulgated.

(c) National primary ambient air quality standard for nitrogen

dioxide

The Administrator shall, not later than one year after August 7,

1977, promulgate a national primary ambient air quality standard

for NOG22 concentrations over a period of not more than 3 hours

unless, based on the criteria issued under section 7408(c) of this

title, he finds that there is no significant evidence that such a

standard for such a period is requisite to protect public health.

(d) Review and revision of criteria and standards; independent

scientific review committee; appointment; advisory functions

(1) Not later than December 31, 1980, and at five-year intervals

thereafter, the Administrator shall complete a thorough review of

the criteria published under section 7408 of this title and the

national ambient air quality standards promulgated under this

section and shall make such revisions in such criteria and

standards and promulgate such new standards as may be appropriate

in accordance with section 7408 of this title and subsection (b) of

this section. The Administrator may review and revise criteria or

promulgate new standards earlier or more frequently than required

under this paragraph.

(2)(A) The Administrator shall appoint an independent scientific

review committee composed of seven members including at least one

member of the National Academy of Sciences, one physician, and one

person representing State air pollution control agencies.

(B) Not later than January 1, 1980, and at five-year intervals

thereafter, the committee referred to in subparagraph (A) shall

complete a review of the criteria published under section 7408 of

this title and the national primary and secondary ambient air

quality standards promulgated under this section and shall

recommend to the Administrator any new national ambient air quality

standards and revisions of existing criteria and standards as may

be appropriate under section 7408 of this title and subsection (b)

of this section.

(C) Such committee shall also (i) advise the Administrator of

areas in which additional knowledge is required to appraise the

adequacy and basis of existing, new, or revised national ambient

air quality standards, (ii) describe the research efforts necessary

to provide the required information, (iii) advise the Administrator

on the relative contribution to air pollution concentrations of

natural as well as anthropogenic activity, and (iv) advise the

Administrator of any adverse public health, welfare, social,

economic, or energy effects which may result from various

strategies for attainment and maintenance of such national ambient

air quality standards.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 109, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1679; amended Pub. L.

95-95, title I, Sec. 106, Aug. 7, 1977, 91 Stat. 691.)

-COD-

CODIFICATION

Section was formerly classified to section 1857c-4 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 109 of act July 14, 1955, was renumbered section

116 by Pub. L. 91-604 and is classified to section 7416 of this

title.

AMENDMENTS

1977 - Subsec. (c). Pub. L. 95-95, Sec. 106(b), added subsec.

(c).

Subsec. (d). Pub. L. 95-95, Sec. 106(a), added subsec. (d).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

ROLE OF SECONDARY STANDARDS

Pub. L. 101-549, title VIII, Sec. 817, Nov. 15, 1990, 104 Stat.

2697, provided that:

"(a) Report. - The Administrator shall request the National

Academy of Sciences to prepare a report to the Congress on the role

of national secondary ambient air quality standards in protecting

welfare and the environment. The report shall:

"(1) include information on the effects on welfare and the

environment which are caused by ambient concentrations of

pollutants listed pursuant to section 108 [42 U.S.C. 7408] and

other pollutants which may be listed;

"(2) estimate welfare and environmental costs incurred as a

result of such effects;

"(3) examine the role of secondary standards and the State

implementation planning process in preventing such effects;

"(4) determine ambient concentrations of each such pollutant

which would be adequate to protect welfare and the environment

from such effects;

"(5) estimate the costs and other impacts of meeting secondary

standards; and

"(6) consider other means consistent with the goals and

objectives of the Clean Air Act [42 U.S.C. 7401 et seq.] which

may be more effective than secondary standards in preventing or

mitigating such effects.

"(b) Submission to Congress; Comments; Authorization. - (1) The

report shall be transmitted to the Congress not later than 3 years

after the date of enactment of the Clean Air Act Amendments of 1990

[Nov. 15, 1990].

"(2) At least 90 days before issuing a report the Administrator

shall provide an opportunity for public comment on the proposed

report. The Administrator shall include in the final report a

summary of the comments received on the proposed report.

"(3) There are authorized to be appropriated such sums as are

necessary to carry out this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7407, 7410, 7415, 7607,

7612, 7651d of this title; title 10 section 2259.

-End-

-CITE-

42 USC Sec. 7410 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7410. State implementation plans for national primary and

secondary ambient air quality standards

-STATUTE-

(a) Adoption of plan by State; submission to Administrator; content

of plan; revision; new sources; indirect source review program;

supplemental or intermittent control systems

(1) Each State shall, after reasonable notice and public

hearings, adopt and submit to the Administrator, within 3 years (or

such shorter period as the Administrator may prescribe) after the

promulgation of a national primary ambient air quality standard (or

any revision thereof) under section 7409 of this title for any air

pollutant, a plan which provides for implementation, maintenance,

and enforcement of such primary standard in each air quality

control region (or portion thereof) within such State. In addition,

such State shall adopt and submit to the Administrator (either as a

part of a plan submitted under the preceding sentence or

separately) within 3 years (or such shorter period as the

Administrator may prescribe) after the promulgation of a national

ambient air quality secondary standard (or revision thereof), a

plan which provides for implementation, maintenance, and

enforcement of such secondary standard in each air quality control

region (or portion thereof) within such State. Unless a separate

public hearing is provided, each State shall consider its plan

implementing such secondary standard at the hearing required by the

first sentence of this paragraph.

(2) Each implementation plan submitted by a State under this

chapter shall be adopted by the State after reasonable notice and

public hearing. Each such plan shall -

(A) include enforceable emission limitations and other control

measures, means, or techniques (including economic incentives

such as fees, marketable permits, and auctions of emissions

rights), as well as schedules and timetables for compliance, as

may be necessary or appropriate to meet the applicable

requirements of this chapter;

(B) provide for establishment and operation of appropriate

devices, methods, systems, and procedures necessary to -

(i) monitor, compile, and analyze data on ambient air

quality, and

(ii) upon request, make such data available to the

Administrator;

(C) include a program to provide for the enforcement of the

measures described in subparagraph (A), and regulation of the

modification and construction of any stationary source within the

areas covered by the plan as necessary to assure that national

ambient air quality standards are achieved, including a permit

program as required in parts C and D of this subchapter;

(D) contain adequate provisions -

(i) prohibiting, consistent with the provisions of this

subchapter, any source or other type of emissions activity

within the State from emitting any air pollutant in amounts

which will -

(I) contribute significantly to nonattainment in, or

interfere with maintenance by, any other State with respect

to any such national primary or secondary ambient air quality

standard, or

(II) interfere with measures required to be included in the

applicable implementation plan for any other State under part

C of this subchapter to prevent significant deterioration of

air quality or to protect visibility,

(ii) insuring compliance with the applicable requirements of

sections 7426 and 7415 of this title (relating to interstate

and international pollution abatement);

(E) provide (i) necessary assurances that the State (or, except

where the Administrator deems inappropriate, the general purpose

local government or governments, or a regional agency designated

by the State or general purpose local governments for such

purpose) will have adequate personnel, funding, and authority

under State (and, as appropriate, local) law to carry out such

implementation plan (and is not prohibited by any provision of

Federal or State law from carrying out such implementation plan

or portion thereof), (ii) requirements that the State comply with

the requirements respecting State boards under section 7428 of

this title, and (iii) necessary assurances that, where the State

has relied on a local or regional government, agency, or

instrumentality for the implementation of any plan provision, the

State has responsibility for ensuring adequate implementation of

such plan provision;

(F) require, as may be prescribed by the Administrator -

(i) the installation, maintenance, and replacement of

equipment, and the implementation of other necessary steps, by

owners or operators of stationary sources to monitor emissions

from such sources,

(ii) periodic reports on the nature and amounts of emissions

and emissions-related data from such sources, and

(iii) correlation of such reports by the State agency with

any emission limitations or standards established pursuant to

this chapter, which reports shall be available at reasonable

times for public inspection;

(G) provide for authority comparable to that in section 7603 of

this title and adequate contingency plans to implement such

authority;

(H) provide for revision of such plan -

(i) from time to time as may be necessary to take account of

revisions of such national primary or secondary ambient air

quality standard or the availability of improved or more

expeditious methods of attaining such standard, and

(ii) except as provided in paragraph (3)(C), whenever the

Administrator finds on the basis of information available to

the Administrator that the plan is substantially inadequate to

attain the national ambient air quality standard which it

implements or to otherwise comply with any additional

requirements established under this chapter;

(I) in the case of a plan or plan revision for an area

designated as a nonattainment area, meet the applicable

requirements of part D of this subchapter (relating to

nonattainment areas);

(J) meet the applicable requirements of section 7421 of this

title (relating to consultation), section 7427 of this title

(relating to public notification), and part C of this subchapter

(relating to prevention of significant deterioration of air

quality and visibility protection);

(K) provide for -

(i) the performance of such air quality modeling as the

Administrator may prescribe for the purpose of predicting the

effect on ambient air quality of any emissions of any air

pollutant for which the Administrator has established a

national ambient air quality standard, and

(ii) the submission, upon request, of data related to such

air quality modeling to the Administrator;

(L) require the owner or operator of each major stationary

source to pay to the permitting authority, as a condition of any

permit required under this chapter, a fee sufficient to cover -

(i) the reasonable costs of reviewing and acting upon any

application for such a permit, and

(ii) if the owner or operator receives a permit for such

source, the reasonable costs of implementing and enforcing the

terms and conditions of any such permit (not including any

court costs or other costs associated with any enforcement

action),

until such fee requirement is superseded with respect to such

sources by the Administrator's approval of a fee program under

subchapter V of this chapter; and

(M) provide for consultation and participation by local

political subdivisions affected by the plan.

(3)(A) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(1), Nov.

15, 1990, 104 Stat. 2409.

(B) As soon as practicable, the Administrator shall, consistent

with the purposes of this chapter and the Energy Supply and

Environmental Coordination Act of 1974 [15 U.S.C. 791 et seq.],

review each State's applicable implementation plans and report to

the State on whether such plans can be revised in relation to fuel

burning stationary sources (or persons supplying fuel to such

sources) without interfering with the attainment and maintenance of

any national ambient air quality standard within the period

permitted in this section. If the Administrator determines that any

such plan can be revised, he shall notify the State that a plan

revision may be submitted by the State. Any plan revision which is

submitted by the State shall, after public notice and opportunity

for public hearing, be approved by the Administrator if the

revision relates only to fuel burning stationary sources (or

persons supplying fuel to such sources), and the plan as revised

complies with paragraph (2) of this subsection. The Administrator

shall approve or disapprove any revision no later than three months

after its submission.

(C) Neither the State, in the case of a plan (or portion thereof)

approved under this subsection, nor the Administrator, in the case

of a plan (or portion thereof) promulgated under subsection (c) of

this section, shall be required to revise an applicable

implementation plan because one or more exemptions under section

7418 of this title (relating to Federal facilities), enforcement

orders under section 7413(d) (!1) of this title, suspensions under

subsection (f) or (g) of this section (relating to temporary energy

or economic authority), orders under section 7419 of this title

(relating to primary nonferrous smelters), or extensions of

compliance in decrees entered under section 7413(e) (!1) of this

title (relating to iron- and steel-producing operations) have been

granted, if such plan would have met the requirements of this

section if no such exemptions, orders, or extensions had been

granted.

(4) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(2), Nov. 15,

1990, 104 Stat. 2409.

(5)(A)(i) Any State may include in a State implementation plan,

but the Administrator may not require as a condition of approval of

such plan under this section, any indirect source review program.

The Administrator may approve and enforce, as part of an applicable

implementation plan, an indirect source review program which the

State chooses to adopt and submit as part of its plan.

(ii) Except as provided in subparagraph (B), no plan promulgated

by the Administrator shall include any indirect source review

program for any air quality control region, or portion thereof.

(iii) Any State may revise an applicable implementation plan

approved under this subsection to suspend or revoke any such

program included in such plan, provided that such plan meets the

requirements of this section.

(B) The Administrator shall have the authority to promulgate,

implement and enforce regulations under subsection (c) of this

section respecting indirect source review programs which apply only

to federally assisted highways, airports, and other major federally

assisted indirect sources and federally owned or operated indirect

sources.

(C) For purposes of this paragraph, the term "indirect source

means a facility, building, structure, installation, real property,

road, or highway which attracts, or may attract, mobile sources of

pollution. Such term includes parking lots, parking garages, and

other facilities subject to any measure for management of parking

supply (within the meaning of subsection (c)(2)(D)(ii) of this

section), including regulation of existing off-street parking but

such term does not include new or existing on-street parking.

Direct emissions sources or facilities at, within, or associated

with, any indirect source shall not be deemed indirect sources for

the purpose of this paragraph.

(D) For purposes of this paragraph the term "indirect source

review program" means the facility-by-facility review of indirect

sources of air pollution, including such measures as are necessary

to assure, or assist in assuring, that a new or modified indirect

source will not attract mobile sources of air pollution, the

emissions from which would cause or contribute to air pollution

concentrations -

(i) exceeding any national primary ambient air quality standard

for a mobile source-related air pollutant after the primary

standard attainment date, or

(ii) preventing maintenance of any such standard after such

date.

(E) For purposes of this paragraph and paragraph (2)(B), the term

"transportation control measure" does not include any measure which

is an "indirect source review program".

(6) No State plan shall be treated as meeting the requirements of

this section unless such plan provides that in the case of any

source which uses a supplemental, or intermittent control system

for purposes of meeting the requirements of an order under section

7413(d) (!1) of this title or section 7419 of this title (relating

to primary nonferrous smelter orders), the owner or operator of

such source may not temporarily reduce the pay of any employee by

reason of the use of such supplemental or intermittent or other

dispersion dependent control system.

(b) Extension of period for submission of plans

The Administrator may, wherever he determines necessary, extend

the period for submission of any plan or portion thereof which

implements a national secondary ambient air quality standard for a

period not to exceed 18 months from the date otherwise required for

submission of such plan.

(c) Preparation and publication by Administrator of proposed

regulations setting forth implementation plan; transportation

regulations study and report; parking surcharge; suspension

authority; plan implementation

(1) The Administrator shall promulgate a Federal implementation

plan at any time within 2 years after the Administrator -

(A) finds that a State has failed to make a required submission

or finds that the plan or plan revision submitted by the State

does not satisfy the minimum criteria established under

subsection (k)(1)(A) of this section, or

(B) disapproves a State implementation plan submission in whole

or in part,

unless the State corrects the deficiency, and the Administrator

approves the plan or plan revision, before the Administrator

promulgates such Federal implementation plan.

(2)(A) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(A),

Nov. 15, 1990, 104 Stat. 2409.

(B) No parking surcharge regulation may be required by the

Administrator under paragraph (1) of this subsection as a part of

an applicable implementation plan. All parking surcharge

regulations previously required by the Administrator shall be void

upon June 22, 1974. This subparagraph shall not prevent the

Administrator from approving parking surcharges if they are adopted

and submitted by a State as part of an applicable implementation

plan. The Administrator may not condition approval of any

implementation plan submitted by a State on such plan's including a

parking surcharge regulation.

(C) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(B), Nov.

15, 1990, 104 Stat. 2409.

(D) For purposes of this paragraph -

(i) The term "parking surcharge regulation" means a regulation

imposing or requiring the imposition of any tax, surcharge, fee,

or other charge on parking spaces, or any other area used for the

temporary storage of motor vehicles.

(ii) The term "management of parking supply" shall include any

requirement providing that any new facility containing a given

number of parking spaces shall receive a permit or other prior

approval, issuance of which is to be conditioned on air quality

considerations.

(iii) The term "preferential bus/carpool lane" shall include

any requirement for the setting aside of one or more lanes of a

street or highway on a permanent or temporary basis for the

exclusive use of buses or carpools, or both.

(E) No standard, plan, or requirement, relating to management of

parking supply or preferential bus/carpool lanes shall be

promulgated after June 22, 1974, by the Administrator pursuant to

this section, unless such promulgation has been subjected to at

least one public hearing which has been held in the area affected

and for which reasonable notice has been given in such area. If

substantial changes are made following public hearings, one or more

additional hearings shall be held in such area after such notice.

(3) Upon application of the chief executive officer of any

general purpose unit of local government, if the Administrator

determines that such unit has adequate authority under State or

local law, the Administrator may delegate to such unit the

authority to implement and enforce within the jurisdiction of such

unit any part of a plan promulgated under this subsection. Nothing

in this paragraph shall prevent the Administrator from implementing

or enforcing any applicable provision of a plan promulgated under

this subsection.

(4) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(C), Nov.

15, 1990, 104 Stat. 2409.

(5)(A) Any measure in an applicable implementation plan which

requires a toll or other charge for the use of a bridge located

entirely within one city shall be eliminated from such plan by the

Administrator upon application by the Governor of the State, which

application shall include a certification by the Governor that he

will revise such plan in accordance with subparagraph (B).

(B) In the case of any applicable implementation plan with

respect to which a measure has been eliminated under subparagraph

(A), such plan shall, not later than one year after August 7, 1977,

be revised to include comprehensive measures to:

(i) establish, expand, or improve public transportation

measures to meet basic transportation needs, as expeditiously as

is practicable; and

(ii) implement transportation control measures necessary to

attain and maintain national ambient air quality standards,

and such revised plan shall, for the purpose of implementing such

comprehensive public transportation measures, include requirements

to use (insofar as is necessary) Federal grants, State or local

funds, or any combination of such grants and funds as may be

consistent with the terms of the legislation providing such grants

and funds. Such measures shall, as a substitute for the tolls or

charges eliminated under subparagraph (A), provide for emissions

reductions equivalent to the reductions which may reasonably be

expected to be achieved through the use of the tolls or charges

eliminated.

(C) Any revision of an implementation plan for purposes of

meeting the requirements of subparagraph (B) shall be submitted in

coordination with any plan revision required under part D of this

subchapter.

(d), (e) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(4), (5),

Nov. 15, 1990, 104 Stat. 2409

(f) National or regional energy emergencies; determination by

President

(1) Upon application by the owner or operator of a fuel burning

stationary source, and after notice and opportunity for public

hearing, the Governor of the State in which such source is located

may petition the President to determine that a national or regional

energy emergency exists of such severity that -

(A) a temporary suspension of any part of the applicable

implementation plan or of any requirement under section 7651j of

this title (concerning excess emissions penalties or offsets) may

be necessary, and

(B) other means of responding to the energy emergency may be

inadequate.

Such determination shall not be delegable by the President to any

other person. If the President determines that a national or

regional energy emergency of such severity exists, a temporary

emergency suspension of any part of an applicable implementation

plan or of any requirement under section 7651j of this title

(concerning excess emissions penalties or offsets) adopted by the

State may be issued by the Governor of any State covered by the

President's determination under the condition specified in

paragraph (2) and may take effect immediately.

(2) A temporary emergency suspension under this subsection shall

be issued to a source only if the Governor of such State finds that

-

(A) there exists in the vicinity of such source a temporary

energy emergency involving high levels of unemployment or loss of

necessary energy supplies for residential dwellings; and

(B) such unemployment or loss can be totally or partially

alleviated by such emergency suspension.

Not more than one such suspension may be issued for any source on

the basis of the same set of circumstances or on the basis of the

same emergency.

(3) A temporary emergency suspension issued by a Governor under

this subsection shall remain in effect for a maximum of four months

or such lesser period as may be specified in a disapproval order of

the Administrator, if any. The Administrator may disapprove such

suspension if he determines that it does not meet the requirements

of paragraph (2).

(4) This subsection shall not apply in the case of a plan

provision or requirement promulgated by the Administrator under

subsection (c) of this section, but in any such case the President

may grant a temporary emergency suspension for a four month period

of any such provision or requirement if he makes the determinations

and findings specified in paragraphs (1) and (2).

(5) The Governor may include in any temporary emergency

suspension issued under this subsection a provision delaying for a

period identical to the period of such suspension any compliance

schedule (or increment of progress) to which such source is subject

under section 1857c-10 (!2) of this title, as in effect before

August 7, 1977, or section 7413(d) (!2) of this title, upon a

finding that such source is unable to comply with such schedule (or

increment) solely because of the conditions on the basis of which a

suspension was issued under this subsection.

(g) Governor's authority to issue temporary emergency suspensions

(1) In the case of any State which has adopted and submitted to

the Administrator a proposed plan revision which the State

determines -

(A) meets the requirements of this section, and

(B) is necessary (i) to prevent the closing for one year or

more of any source of air pollution, and (ii) to prevent

substantial increases in unemployment which would result from

such closing, and

which the Administrator has not approved or disapproved under this

section within 12 months of submission of the proposed plan

revision, the Governor may issue a temporary emergency suspension

of the part of the applicable implementation plan for such State

which is proposed to be revised with respect to such source. The

determination under subparagraph (B) may not be made with respect

to a source which would close without regard to whether or not the

proposed plan revision is approved.

(2) A temporary emergency suspension issued by a Governor under

this subsection shall remain in effect for a maximum of four months

or such lesser period as may be specified in a disapproval order of

the Administrator. The Administrator may disapprove such suspension

if he determines that it does not meet the requirements of this

subsection.

(3) The Governor may include in any temporary emergency

suspension issued under this subsection a provision delaying for a

period identical to the period of such suspension any compliance

schedule (or increment of progress) to which such source is subject

under section 1857c-10 (!2) of this title as in effect before

August 7, 1977, or under section 7413(d) (!2) of this title upon a

finding that such source is unable to comply with such schedule (or

increment) solely because of the conditions on the basis of which a

suspension was issued under this subsection.

(h) Publication of comprehensive document for each State setting

forth requirements of applicable implementation plan

(1) Not later than 5 years after November 15, 1990, and every 3

years thereafter, the Administrator shall assemble and publish a

comprehensive document for each State setting forth all

requirements of the applicable implementation plan for such State

and shall publish notice in the Federal Register of the

availability of such documents.

(2) The Administrator may promulgate such regulations as may be

reasonably necessary to carry out the purpose of this subsection.

(i) Modification of requirements prohibited

Except for a primary nonferrous smelter order under section 7419

of this title, a suspension under subsection (f) or (g) of this

section (relating to emergency suspensions), an exemption under

section 7418 of this title (relating to certain Federal

facilities), an order under section 7413(d) (!2) of this title

(relating to compliance orders), a plan promulgation under

subsection (c) of this section, or a plan revision under subsection

(a)(3) of this section; no order, suspension, plan revision, or

other action modifying any requirement of an applicable

implementation plan may be taken with respect to any stationary

source by the State or by the Administrator.

(j) Technological systems of continuous emission reduction on new

or modified stationary sources; compliance with performance

standards

As a condition for issuance of any permit required under this

subchapter, the owner or operator of each new or modified

stationary source which is required to obtain such a permit must

show to the satisfaction of the permitting authority that the

technological system of continuous emission reduction which is to

be used at such source will enable it to comply with the standards

of performance which are to apply to such source and that the

construction or modification and operation of such source will be

in compliance with all other requirements of this chapter.

(k) Environmental Protection Agency action on plan submissions

(1) Completeness of plan submissions

(A) Completeness criteria

Within 9 months after November 15, 1990, the Administrator

shall promulgate minimum criteria that any plan submission must

meet before the Administrator is required to act on such

submission under this subsection. The criteria shall be limited

to the information necessary to enable the Administrator to

determine whether the plan submission complies with the

provisions of this chapter.

(B) Completeness finding

Within 60 days of the Administrator's receipt of a plan or

plan revision, but no later than 6 months after the date, if

any, by which a State is required to submit the plan or

revision, the Administrator shall determine whether the minimum

criteria established pursuant to subparagraph (A) have been

met. Any plan or plan revision that a State submits to the

Administrator, and that has not been determined by the

Administrator (by the date 6 months after receipt of the

submission) to have failed to meet the minimum criteria

established pursuant to subparagraph (A), shall on that date be

deemed by operation of law to meet such minimum criteria.

(C) Effect of finding of incompleteness

Where the Administrator determines that a plan submission (or

part thereof) does not meet the minimum criteria established

pursuant to subparagraph (A), the State shall be treated as not

having made the submission (or, in the Administrator's

discretion, part thereof).

(2) Deadline for action

Within 12 months of a determination by the Administrator (or a

determination deemed by operation of law) under paragraph (1)

that a State has submitted a plan or plan revision (or, in the

Administrator's discretion, part thereof) that meets the minimum

criteria established pursuant to paragraph (1), if applicable

(or, if those criteria are not applicable, within 12 months of

submission of the plan or revision), the Administrator shall act

on the submission in accordance with paragraph (3).

(3) Full and partial approval and disapproval

In the case of any submittal on which the Administrator is

required to act under paragraph (2), the Administrator shall

approve such submittal as a whole if it meets all of the

applicable requirements of this chapter. If a portion of the plan

revision meets all the applicable requirements of this chapter,

the Administrator may approve the plan revision in part and

disapprove the plan revision in part. The plan revision shall not

be treated as meeting the requirements of this chapter until the

Administrator approves the entire plan revision as complying with

the applicable requirements of this chapter.

(4) Conditional approval

The Administrator may approve a plan revision based on a

commitment of the State to adopt specific enforceable measures by

a date certain, but not later than 1 year after the date of

approval of the plan revision. Any such conditional approval

shall be treated as a disapproval if the State fails to comply

with such commitment.

(5) Calls for plan revisions

Whenever the Administrator finds that the applicable

implementation plan for any area is substantially inadequate to

attain or maintain the relevant national ambient air quality

standard, to mitigate adequately the interstate pollutant

transport described in section 7506a of this title or section

7511c of this title, or to otherwise comply with any requirement

of this chapter, the Administrator shall require the State to

revise the plan as necessary to correct such inadequacies. The

Administrator shall notify the State of the inadequacies, and may

establish reasonable deadlines (not to exceed 18 months after the

date of such notice) for the submission of such plan revisions.

Such findings and notice shall be public. Any finding under this

paragraph shall, to the extent the Administrator deems

appropriate, subject the State to the requirements of this

chapter to which the State was subject when it developed and

submitted the plan for which such finding was made, except that

the Administrator may adjust any dates applicable under such

requirements as appropriate (except that the Administrator may

not adjust any attainment date prescribed under part D of this

subchapter, unless such date has elapsed).

(6) Corrections

Whenever the Administrator determines that the Administrator's

action approving, disapproving, or promulgating any plan or plan

revision (or part thereof), area designation, redesignation,

classification, or reclassification was in error, the

Administrator may in the same manner as the approval,

disapproval, or promulgation revise such action as appropriate

without requiring any further submission from the State. Such

determination and the basis thereof shall be provided to the

State and public.

(l) Plan revisions

Each revision to an implementation plan submitted by a State

under this chapter shall be adopted by such State after reasonable

notice and public hearing. The Administrator shall not approve a

revision of a plan if the revision would interfere with any

applicable requirement concerning attainment and reasonable further

progress (as defined in section 7501 of this title), or any other

applicable requirement of this chapter.

(m) Sanctions

The Administrator may apply any of the sanctions listed in

section 7509(b) of this title at any time (or at any time after)

the Administrator makes a finding, disapproval, or determination

under paragraphs (1) through (4), respectively, of section 7509(a)

of this title in relation to any plan or plan item (as that term is

defined by the Administrator) required under this chapter, with

respect to any portion of the State the Administrator determines

reasonable and appropriate, for the purpose of ensuring that the

requirements of this chapter relating to such plan or plan item are

met. The Administrator shall, by rule, establish criteria for

exercising his authority under the previous sentence with respect

to any deficiency referred to in section 7509(a) of this title to

ensure that, during the 24-month period following the finding,

disapproval, or determination referred to in section 7509(a) of

this title, such sanctions are not applied on a statewide basis

where one or more political subdivisions covered by the applicable

implementation plan are principally responsible for such

deficiency.

(n) Savings clauses

(1) Existing plan provisions

Any provision of any applicable implementation plan that was

approved or promulgated by the Administrator pursuant to this

section as in effect before November 15, 1990, shall remain in

effect as part of such applicable implementation plan, except to

the extent that a revision to such provision is approved or

promulgated by the Administrator pursuant to this chapter.

(2) Attainment dates

For any area not designated nonattainment, any plan or plan

revision submitted or required to be submitted by a State -

(A) in response to the promulgation or revision of a national

primary ambient air quality standard in effect on November 15,

1990, or

(B) in response to a finding of substantial inadequacy under

subsection (a)(2) of this section (as in effect immediately

before November 15, 1990),

shall provide for attainment of the national primary ambient air

quality standards within 3 years of November 15, 1990, or within

5 years of issuance of such finding of substantial inadequacy,

whichever is later.

(3) Retention of construction moratorium in certain areas

In the case of an area to which, immediately before November

15, 1990, the prohibition on construction or modification of

major stationary sources prescribed in subsection (a)(2)(I) of

this section (as in effect immediately before November 15, 1990)

applied by virtue of a finding of the Administrator that the

State containing such area had not submitted an implementation

plan meeting the requirements of section 7502(b)(6) of this title

(relating to establishment of a permit program) (as in effect

immediately before November 15, 1990) or 7502(a)(1) of this title

(to the extent such requirements relate to provision for

attainment of the primary national ambient air quality standard

for sulfur oxides by December 31, 1982) as in effect immediately

before November 15, 1990, no major stationary source of the

relevant air pollutant or pollutants shall be constructed or

modified in such area until the Administrator finds that the plan

for such area meets the applicable requirements of section

7502(c)(5) of this title (relating to permit programs) or subpart

5 of part D of this subchapter (relating to attainment of the

primary national ambient air quality standard for sulfur

dioxide), respectively.

(o) Indian tribes

If an Indian tribe submits an implementation plan to the

Administrator pursuant to section 7601(d) of this title, the plan

shall be reviewed in accordance with the provisions for review set

forth in this section for State plans, except as otherwise provided

by regulation promulgated pursuant to section 7601(d)(2) of this

title. When such plan becomes effective in accordance with the

regulations promulgated under section 7601(d) of this title, the

plan shall become applicable to all areas (except as expressly

provided otherwise in the plan) located within the exterior

boundaries of the reservation, notwithstanding the issuance of any

patent and including rights-of-way running through the reservation.

(p) Reports

Any State shall submit, according to such schedule as the

Administrator may prescribe, such reports as the Administrator may

require relating to emission reductions, vehicle miles traveled,

congestion levels, and any other information the Administrator may

deem necessary to assess the development effectiveness, need for

revision, or implementation of any plan or plan revision required

under this chapter.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 110, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1680; amended Pub. L.

93-319, Sec. 4, June 22, 1974, 88 Stat. 256; Pub. L. 95-95, title

I, Secs. 107, 108, Aug. 7, 1977, 91 Stat. 691, 693; Pub. L. 95-190,

Sec. 14(a)(1)-(6), Nov. 16, 1977, 91 Stat. 1399; Pub. L. 97-23,

Sec. 3, July 17, 1981, 95 Stat. 142; Pub. L. 101-549, title I,

Secs. 101(b)-(d), 102(h), 107(c), 108(d), title IV, Sec. 412, Nov.

15, 1990, 104 Stat. 2404-2408, 2422, 2464, 2466, 2634.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Supply and Environmental Coordination Act of 1974,

referred to in subsec. (a)(3)(B), is Pub. L. 93-319, June 22, 1974,

88 Stat. 246, as amended, which is classified principally to

chapter 16C (Sec. 791 et seq.) of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see Short Title

note set out under section 791 of Title 15 and Tables.

Section 7413 of this title, referred to in subsecs. (a)(3)(C),

(6), (f)(5), (g)(3), and (i), was amended generally by Pub. L.

101-549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, and,

as so amended, subsecs. (d) and (e) of section 7413 no longer

relates to final compliance orders and steel industry compliance

extension, respectively.

Section 1857c-10 of this title, as in effect before August 7,

1977, referred to in subsecs. (f)(5) and (g)(3), was in the

original "section 119, as in effect before the date of the

enactment of this paragraph", meaning section 119 of act July 14,

1955, ch. 360, title I, as added June 22, 1974, Pub. L. 93-319,

Sec. 3, 88 Stat. 248, (which was classified to section 1857c-10 of

this title) as in effect prior to the enactment of subsecs. (f)(5)

and (g)(3) of this section by Pub. L. 95-95, Sec. 107, Aug. 7,

1977, 91 Stat. 691, effective Aug. 7, 1977. Section 112(b)(1) of

Pub. L. 95-95 repealed section 119 of act July 14, 1955, ch. 360,

title I, as added by Pub. L. 93-319, and provided that all

references to such section 119 in any subsequent enactment which

supersedes Pub. L. 93-319 shall be construed to refer to section

113(d) of the Clean Air Act and to paragraph (5) thereof in

particular which is classified to section 7413(d)(5) of this title.

Section 7413 of this title was subsequently amended generally by

Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat.

2672, see note above. Section 117(b) of Pub. L. 95-95 added a new

section 119 of act July 14, 1955, which is classified to section

7419 of this title.

-COD-

CODIFICATION

Section was formerly classified to section 1857c-5 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 110 of act July 14, 1955, was renumbered section

117 by Pub. L. 91-604 and is classified to section 7417 of this

title.

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 101(d)(8),

substituted "3 years (or such shorter period as the Administrator

may prescribe)" for "nine months" in two places.

Subsec. (a)(2). Pub. L. 101-549, Sec. 101(b), amended par. (2)

generally, substituting present provisions for provisions setting

the time within which the Administrator was to approve or

disapprove a plan or portion thereof and listing the conditions

under which the plan or portion thereof was to be approved after

reasonable notice and hearing.

Subsec. (a)(3)(A). Pub. L. 101-549, Sec. 101(d)(1), struck out

subpar. (A) which directed Administrator to approve any revision of

an implementation plan if it met certain requirements and had been

adopted by the State after reasonable notice and public hearings.

Subsec. (a)(3)(D). Pub. L. 101-549, Sec. 101(d)(1), struck out

subpar. (D) which directed that certain implementation plans be

revised to include comprehensive measures and requirements.

Subsec. (a)(4). Pub. L. 101-549, Sec. 101(d)(2), struck out par.

(4) which set forth requirements for review procedure.

Subsec. (c)(1). Pub. L. 101-549, Sec. 102(h), amended par. (1)

generally, substituting present provisions for provisions relating

to preparation and publication of regulations setting forth an

implementation plan, after opportunity for a hearing, upon failure

of a State to make required submission or revision.

Subsec. (c)(2)(A). Pub. L. 101-549, Sec. 101(d)(3)(A), struck out

subpar. (A) which required a study and report on necessity of

parking surcharge, management of parking supply, and preferential

bus/carpool lane regulations to achieve and maintain national

primary ambient air quality standards.

Subsec. (c)(2)(C). Pub. L. 101-549, Sec. 101(d)(3)(B), struck out

subpar. (C) which authorized suspension of certain regulations and

requirements relating to management of parking supply.

Subsec. (c)(4). Pub. L. 101-549, Sec. 101(d)(3)(C), struck out

par. (4) which permitted Governors to temporarily suspend measures

in implementation plans relating to retrofits, gas rationing, and

reduction of on-street parking.

Subsec. (c)(5)(B). Pub. L. 101-549, Sec. 101(d)(3)(D), struck out

"(including the written evidence required by part D)," after

"include comprehensive measures".

Subsec. (d). Pub. L. 101-549, Sec. 101(d)(4), struck out subsec.

(d) which defined an applicable implementation plan for purposes of

this chapter.

Subsec. (e). Pub. L. 101-549, Sec. 101(d)(5), struck out subsec.

(e) which permitted an extension of time for attainment of a

national primary ambient air quality standard.

Subsec. (f)(1). Pub. L. 101-549, Sec. 412, inserted "or of any

requirement under section 7651j of this title (concerning excess

emissions penalties or offsets)" in subpar. (A) and in last

sentence.

Subsec. (g)(1). Pub. L. 101-549, Sec. 101(d)(6), substituted "12

months of submission of the proposed plan revision" for "the

required four month period" in closing provisions.

Subsec. (h)(1). Pub. L. 101-549, Sec. 101(d)(7), substituted "5

years after November 15, 1990, and every three years thereafter"

for "one year after August 7, 1977, and annually thereafter" and

struck out at end "Each such document shall be revised as

frequently as practicable but not less often than annually."

Subsecs. (k) to (n). Pub. L. 101-549, Sec. 101(c), added subsecs.

(k) to (n).

Subsec. (o). Pub. L. 101-549, Sec. 107(c), added subsec. (o).

Subsec. (p). Pub. L. 101-549, Sec. 108(d), added subsec. (p).

1981 - Subsec. (a)(3)(C). Pub. L. 97-23 inserted reference to

extensions of compliance in decrees entered under section 7413(e)

of this title (relating to iron- and steel-producing operations).

1977 - Subsec. (a)(2)(A). Pub. L. 95-95, Sec. 108(a)(1),

substituted "(A) except as may be provided in subparagraph (I)(i)

in the case of a plan" for "(A)(i) in the case of a plan".

Subsec. (a)(2)(B). Pub. L. 95-95, Sec. 108(a)(2), substituted

"transportation controls, air quality maintenance plans, and

preconstruction review of direct sources of air pollution as

provided in subparagraph (D)" for "land use and transportation

controls".

Subsec. (a)(2)(D). Pub. L. 95-95, Sec. 108(a)(3), substituted "it

includes a program to provide for the enforcement of emission

limitations and regulation of the modification, construction, and

operation of any stationary source, including a permit program as

required in parts C and D and a permit or equivalent program for

any major emitting facility, within such region as necessary to

assure (i) that national ambient air quality standards are achieved

and maintained, and (ii) a procedure" for "it includes a

procedure".

Subsec. (a)(2)(E). Pub. L. 95-95, Sec. 108(a)(4), substituted "it

contains adequate provisions (i) prohibiting any stationary source

within the State from emitting any air pollutant in amounts which

will (I) prevent attainment or maintenance by any other State of

any such national primary or secondary ambient air quality

standard, or (II) interfere with measures required to be included

in the applicable implementation plan for any other State under

part C to prevent significant deterioration of air quality or to

protect visibility, and (ii) insuring compliance with the

requirements of section 7426 of this title, relating to interstate

pollution abatement" for "it contains adequate provisions for

intergovernmental cooperation, including measures necessary to

insure that emissions of air pollutants from sources located in any

air quality control region will not interfere with the attainment

or maintenance of such primary or secondary standard in any portion

of such region outside of such State or in any other air quality

control region".

Subsec. (a)(2)(F). Pub. L. 95-95, Sec. 108(a)(5), added cl. (vi).

Subsec. (a)(2)(H). Pub. L. 95-190, Sec. 14(a)(1), substituted

"1977;" for "1977".

Pub. L. 95-95, Sec. 108(a)(6), inserted "except as provided in

paragraph (3)(C)," after "or (ii)" and "or to otherwise comply with

any additional requirements established under the Clean Air Act

Amendments of 1977" after "to achieve the national ambient air

quality primary or secondary standard which it implements".

Subsec. (a)(2)(I). Pub. L. 95-95, Sec. 108(b), added subpar. (I).

Subsec. (a)(2)(J). Pub. L. 95-190, Sec. 14(a)(2), substituted ";

and" for ", and".

Pub. L. 95-95, Sec. 108(b), added subpar. (J).

Subsec. (a)(2)(K). Pub. L. 95-95, Sec. 108(b) added subpar. (K).

Subsec. (a)(3)(C). Pub. L. 95-95, Sec. 108(c), added subpar. (C).

Subsec. (a)(3)(D). Pub. L. 95-190, Sec. 14(a)(4), added subpar.

(D).

Subsec. (a)(5). Pub. L. 95-95, Sec. 108(3), added par. (5).

Subsec. (a)(5)(D). Pub. L. 95-190, Sec. 14(a)(3), struck out

"preconstruction or premodification" before "review".

Subsec. (a)(6). Pub. L. 95-95, Sec. 108(3), added par. (6).

Subsec. (c)(1). Pub. L. 95-95, Sec. 108(d)(1), (2), substituted

"plan which meets the requirements of this section" for "plan for

any national ambient air quality primary or secondary standard

within the time prescribed" in subpar. (A) and, in provisions

following subpar. (C), directed that any portion of a plan relating

to any measure described in first sentence of 7421 of this title

(relating to consultation) or the consultation process required

under such section 7421 of this title not be required to be

promulgated before the date eight months after such date required

for submission.

Subsec. (c)(3) to (5). Pub. L. 95-95, Sec. 108(d)(3), added pars.

(3) to (5).

Subsec. (d). Pub. L. 95-95, Sec. 108(f), substituted "and which

implements the requirements of this section" for "and which

implements a national primary or secondary ambient air quality

standard in a State".

Subsec. (f). Pub. L. 95-95, Sec. 107(a), substituted provisions

relating to the handling of national or regional energy emergencies

for provisions relating to the postponement of compliance by

stationary sources or classes of moving sources with any

requirement of applicable implementation plans.

Subsec. (g). Pub. L. 95-95, Sec. 108(g), added subsec. (g)

relating to publication of comprehensive document.

Pub. L. 95-95, Sec. 107(b), added subsec. (g) relating to

Governor's authority to issue temporary emergency suspensions.

Subsec. (h). Pub. L. 95-190, Sec. 14(a)(5), redesignated subsec.

(g), added by Pub. L. 95-95, Sec. 108(g), as (h). Former subsec.

(h) redesignated (i).

Subsec. (i). Pub. L. 95-190, Sec. 14(a)(5), redesignated subsec.

(h), added by Pub. L. 95-95, Sec. 108(g), as (i). Former subsec.

(i) redesignated (j) and amended.

Subsec. (j). Pub. L. 95-190 Sec. 14(a)(5), (6), redesignated

subsec. (i), added by Pub. L. 95-95, Sec. 108(g), as (j) and in

subsec. (j) as so redesignated, substituted "will enable such

source" for "at such source will enable it".

1974 - Subsec. (a)(3). Pub. L. 93-319, Sec. 4(a), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (c). Pub. L. 93-319, Sec. 4(b), designated existing

provisions as par. (1) and existing pars. (1), (2), and (3) as

subpars. (A), (B), and (C), respectively, of such redesignated par.

(1), and added par. (2).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

MODIFICATION OR RESCISSION OF IMPLEMENTATION PLANS APPROVED AND IN

EFFECT PRIOR TO AUG. 7, 1977

Nothing in the Clean Air Act Amendments of 1977 [Pub. L. 95-95]

to affect any requirement of an approved implementation plan under

this section or any other provision in effect under this chapter

before Aug. 7, 1977, until modified or rescinded in accordance with

this chapter as amended by the Clean Air Act Amendments of 1977,

see section 406(c) of Pub. L. 95-95, set out as an Effective Date

of 1977 Amendment note under section 7401 of this title.

SAVINGS PROVISION

Section 16 of Pub. L. 91-604 provided that:

"(a)(1) Any implementation plan adopted by any State and

submitted to the Secretary of Health, Education, and Welfare, or to

the Administrator pursuant to the Clean Air Act [this chapter]

prior to enactment of this Act [Dec. 31, 1970] may be approved

under section 110 of the Clean Air Act [this section] (as amended

by this Act) [Pub. L. 91-604] and shall remain in effect, unless

the Administrator determines that such implementation plan, or any

portion thereof, is not consistent with applicable requirements of

the Clean Air Act [this chapter] (as amended by this Act) and will

not provide for the attainment of national primary ambient air

quality standards in the time required by such Act. If the

Administrator so determines, he shall, within 90 days after

promulgation of any national ambient air quality standards pursuant

to section 109(a) of the Clean Air Act [section 7409(a) of this

title], notify the State and specify in what respects changes are

needed to meet the additional requirements of such Act, including

requirements to implement national secondary ambient air quality

standards. If such changes are not adopted by the State after

public hearings and within six months after such notification, the

Administrator shall promulgate such changes pursuant to section

110(c) of such Act [subsec. (c) of this section].

"(2) The amendments made by section 4(b) [amending sections 7403

and 7415 of this title] shall not be construed as repealing or

modifying the powers of the Administrator with respect to any

conference convened under section 108(d) of the Clean Air Act

[section 7415 of this title] before the date of enactment of this

Act [Dec. 31, 1970].

"(b) Regulations or standards issued under this title II of the

Clean Air Act [subchapter II of this chapter] prior to the

enactment of this Act [Dec. 31, 1970] shall continue in effect

until revised by the Administrator consistent with the purposes of

such Act [this chapter]."

FEDERAL ENERGY ADMINISTRATOR

"Federal Energy Administrator", for purposes of this chapter, to

mean Administrator of Federal Energy Administration established by

Pub. L. 93-275, May 7, 1974, 88 Stat. 97, which is classified to

section 761 et seq. of Title 15, Commerce and Trade, but with the

term to mean any officer of the United States designated as such by

the President until Federal Energy Administrator takes office and

after Federal Energy Administration ceases to exist, see section

798 of Title 15, Commerce and Trade.

Federal Energy Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6215, 7405, 7407, 7411,

7414, 7415, 7419, 7420, 7425, 7426, 7475, 7476, 7491, 7492, 7502,

7503, 7506, 7506a, 7509, 7511, 7511a, 7511c, 7512, 7545, 7586,

7589, 7590, 7602, 7607, 7619, 7625-1, 7651g, 7651j, 7661f, 8374,

9601 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7411 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7411. Standards of performance for new stationary sources

-STATUTE-

(a) Definitions

For purposes of this section:

(1) The term "standard of performance" means a standard for

emissions of air pollutants which reflects the degree of emission

limitation achievable through the application of the best system

of emission reduction which (taking into account the cost of

achieving such reduction and any nonair quality health and

environmental impact and energy requirements) the Administrator

determines has been adequately demonstrated.

(2) The term "new source" means any stationary source, the

construction or modification of which is commenced after the

publication of regulations (or, if earlier, proposed regulations)

prescribing a standard of performance under this section which

will be applicable to such source.

(3) The term "stationary source" means any building, structure,

facility, or installation which emits or may emit any air

pollutant. Nothing in subchapter II of this chapter relating to

nonroad engines shall be construed to apply to stationary

internal combustion engines.

(4) The term "modification" means any physical change in, or

change in the method of operation of, a stationary source which

increases the amount of any air pollutant emitted by such source

or which results in the emission of any air pollutant not

previously emitted.

(5) The term "owner or operator" means any person who owns,

leases, operates, controls, or supervises a stationary source.

(6) The term "existing source" means any stationary source

other than a new source.

(7) The term "technological system of continuous emission

reduction" means -

(A) a technological process for production or operation by

any source which is inherently low-polluting or nonpolluting,

or

(B) a technological system for continuous reduction of the

pollution generated by a source before such pollution is

emitted into the ambient air, including precombustion cleaning

or treatment of fuels.

(8) A conversion to coal (A) by reason of an order under

section 2(a) of the Energy Supply and Environmental Coordination

Act of 1974 [15 U.S.C. 792(a)] or any amendment thereto, or any

subsequent enactment which supersedes such Act [15 U.S.C. 791 et

seq.], or (B) which qualifies under section 7413(d)(5)(A)(ii)

(!1) of this title, shall not be deemed to be a modification for

purposes of paragraphs (2) and (4) of this subsection.

(b) List of categories of stationary sources; standards of

performance; information on pollution control techniques; sources

owned or operated by United States; particular systems; revised

standards

(1)(A) The Administrator shall, within 90 days after December 31,

1970, publish (and from time to time thereafter shall revise) a

list of categories of stationary sources. He shall include a

category of sources in such list if in his judgment it causes, or

contributes significantly to, air pollution which may reasonably be

anticipated to endanger public health or welfare.

(B) Within one year after the inclusion of a category of

stationary sources in a list under subparagraph (A), the

Administrator shall publish proposed regulations, establishing

Federal standards of performance for new sources within such

category. The Administrator shall afford interested persons an

opportunity for written comment on such proposed regulations. After

considering such comments, he shall promulgate, within one year

after such publication, such standards with such modifications as

he deems appropriate. The Administrator shall, at least every 8

years, review and, if appropriate, revise such standards following

the procedure required by this subsection for promulgation of such

standards. Notwithstanding the requirements of the previous

sentence, the Administrator need not review any such standard if

the Administrator determines that such review is not appropriate in

light of readily available information on the efficacy of such

standard. Standards of performance or revisions thereof shall

become effective upon promulgation. When implementation and

enforcement of any requirement of this chapter indicate that

emission limitations and percent reductions beyond those required

by the standards promulgated under this section are achieved in

practice, the Administrator shall, when revising standards

promulgated under this section, consider the emission limitations

and percent reductions achieved in practice.

(2) The Administrator may distinguish among classes, types, and

sizes within categories of new sources for the purpose of

establishing such standards.

(3) The Administrator shall, from time to time, issue information

on pollution control techniques for categories of new sources and

air pollutants subject to the provisions of this section.

(4) The provisions of this section shall apply to any new source

owned or operated by the United States.

(5) Except as otherwise authorized under subsection (h) of this

section, nothing in this section shall be construed to require, or

to authorize the Administrator to require, any new or modified

source to install and operate any particular technological system

of continuous emission reduction to comply with any new source

standard of performance.

(6) The revised standards of performance required by enactment of

subsection (a)(1)(A)(i) and (ii) (!1) of this section shall be

promulgated not later than one year after August 7, 1977. Any new

or modified fossil fuel fired stationary source which commences

construction prior to the date of publication of the proposed

revised standards shall not be required to comply with such revised

standards.

(c) State implementation and enforcement of standards of

performance

(1) Each State may develop and submit to the Administrator a

procedure for implementing and enforcing standards of performance

for new sources located in such State. If the Administrator finds

the State procedure is adequate, he shall delegate to such State

any authority he has under this chapter to implement and enforce

such standards.

(2) Nothing in this subsection shall prohibit the Administrator

from enforcing any applicable standard of performance under this

section.

(d) Standards of performance for existing sources; remaining useful

life of source

(1) The Administrator shall prescribe regulations which shall

establish a procedure similar to that provided by section 7410 of

this title under which each State shall submit to the Administrator

a plan which (A) establishes standards of performance for any

existing source for any air pollutant (i) for which air quality

criteria have not been issued or which is not included on a list

published under section 7408(a) of this title or emitted from a

source category which is regulated under section 7412 of this title

but (ii) to which a standard of performance under this section

would apply if such existing source were a new source, and (B)

provides for the implementation and enforcement of such standards

of performance. Regulations of the Administrator under this

paragraph shall permit the State in applying a standard of

performance to any particular source under a plan submitted under

this paragraph to take into consideration, among other factors, the

remaining useful life of the existing source to which such standard

applies.

(2) The Administrator shall have the same authority -

(A) to prescribe a plan for a State in cases where the State

fails to submit a satisfactory plan as he would have under

section 7410(c) of this title in the case of failure to submit an

implementation plan, and

(B) to enforce the provisions of such plan in cases where the

State fails to enforce them as he would have under sections 7413

and 7414 of this title with respect to an implementation plan.

In promulgating a standard of performance under a plan prescribed

under this paragraph, the Administrator shall take into

consideration, among other factors, remaining useful lives of the

sources in the category of sources to which such standard applies.

(e) Prohibited acts

After the effective date of standards of performance promulgated

under this section, it shall be unlawful for any owner or operator

of any new source to operate such source in violation of any

standard of performance applicable to such source.

(f) New source standards of performance

(1) For those categories of major stationary sources that the

Administrator listed under subsection (b)(1)(A) of this section

before November 15, 1990, and for which regulations had not been

proposed by the Administrator by November 15, 1990, the

Administrator shall -

(A) propose regulations establishing standards of performance

for at least 25 percent of such categories of sources within 2

years after November 15, 1990;

(B) propose regulations establishing standards of performance

for at least 50 percent of such categories of sources within 4

years after November 15, 1990; and

(C) propose regulations for the remaining categories of sources

within 6 years after November 15, 1990.

(2) In determining priorities for promulgating standards for

categories of major stationary sources for the purpose of paragraph

(1), the Administrator shall consider -

(A) the quantity of air pollutant emissions which each such

category will emit, or will be designed to emit;

(B) the extent to which each such pollutant may reasonably be

anticipated to endanger public health or welfare; and

(C) the mobility and competitive nature of each such category

of sources and the consequent need for nationally applicable new

source standards of performance.

(3) Before promulgating any regulations under this subsection or

listing any category of major stationary sources as required under

this subsection, the Administrator shall consult with appropriate

representatives of the Governors and of State air pollution control

agencies.

(g) Revision of regulations

(1) Upon application by the Governor of a State showing that the

Administrator has failed to specify in regulations under subsection

(f)(1) of this section any category of major stationary sources

required to be specified under such regulations, the Administrator

shall revise such regulations to specify any such category.

(2) Upon application of the Governor of a State, showing that any

category of stationary sources which is not included in the list

under subsection (b)(1)(A) of this section contributes

significantly to air pollution which may reasonably be anticipated

to endanger public health or welfare (notwithstanding that such

category is not a category of major stationary sources), the

Administrator shall revise such regulations to specify such

category of stationary sources.

(3) Upon application of the Governor of a State showing that the

Administrator has failed to apply properly the criteria required to

be considered under subsection (f)(2) of this section, the

Administrator shall revise the list under subsection (b)(1)(A) of

this section to apply properly such criteria.

(4) Upon application of the Governor of a State showing that -

(A) a new, innovative, or improved technology or process which

achieves greater continuous emission reduction has been

adequately demonstrated for any category of stationary sources,

and

(B) as a result of such technology or process, the new source

standard of performance in effect under this section for such

category no longer reflects the greatest degree of emission

limitation achievable through application of the best

technological system of continuous emission reduction which

(taking into consideration the cost of achieving such emission

reduction, and any non-air quality health and environmental

impact and energy requirements) has been adequately demonstrated,

the Administrator shall revise such standard of performance for

such category accordingly.

(5) Unless later deadlines for action of the Administrator are

otherwise prescribed under this section, the Administrator shall,

not later than three months following the date of receipt of any

application by a Governor of a State, either -

(A) find that such application does not contain the requisite

showing and deny such application, or

(B) grant such application and take the action required under

this subsection.

(6) Before taking any action required by subsection (f) of this

section or by this subsection, the Administrator shall provide

notice and opportunity for public hearing.

(h) Design, equipment, work practice, or operational standard;

alternative emission limitation

(1) For purposes of this section, if in the judgment of the

Administrator, it is not feasible to prescribe or enforce a

standard of performance, he may instead promulgate a design,

equipment, work practice, or operational standard, or combination

thereof, which reflects the best technological system of continuous

emission reduction which (taking into consideration the cost of

achieving such emission reduction, and any non-air quality health

and environmental impact and energy requirements) the Administrator

determines has been adequately demonstrated. In the event the

Administrator promulgates a design or equipment standard under this

subsection, he shall include as part of such standard such

requirements as will assure the proper operation and maintenance of

any such element of design or equipment.

(2) For the purpose of this subsection, the phrase "not feasible

to prescribe or enforce a standard of performance" means any

situation in which the Administrator determines that (A) a

pollutant or pollutants cannot be emitted through a conveyance

designed and constructed to emit or capture such pollutant, or that

any requirement for, or use of, such a conveyance would be

inconsistent with any Federal, State, or local law, or (B) the

application of measurement methodology to a particular class of

sources is not practicable due to technological or economic

limitations.

(3) If after notice and opportunity for public hearing, any

person establishes to the satisfaction of the Administrator that an

alternative means of emission limitation will achieve a reduction

in emissions of any air pollutant at least equivalent to the

reduction in emissions of such air pollutant achieved under the

requirements of paragraph (1), the Administrator shall permit the

use of such alternative by the source for purposes of compliance

with this section with respect to such pollutant.

(4) Any standard promulgated under paragraph (1) shall be

promulgated in terms of standard of performance whenever it becomes

feasible to promulgate and enforce such standard in such terms.

(5) Any design, equipment, work practice, or operational

standard, or any combination thereof, described in this subsection

shall be treated as a standard of performance for purposes of the

provisions of this chapter (other than the provisions of subsection

(a) of this section and this subsection).

(i) Country elevators

Any regulations promulgated by the Administrator under this

section applicable to grain elevators shall not apply to country

elevators (as defined by the Administrator) which have a storage

capacity of less than two million five hundred thousand bushels.

(j) Innovative technological systems of continuous emission

reduction

(1)(A) Any person proposing to own or operate a new source may

request the Administrator for one or more waivers from the

requirements of this section for such source or any portion thereof

with respect to any air pollutant to encourage the use of an

innovative technological system or systems of continuous emission

reduction. The Administrator may, with the consent of the Governor

of the State in which the source is to be located, grant a waiver

under this paragraph, if the Administrator determines after notice

and opportunity for public hearing, that -

(i) the proposed system or systems have not been adequately

demonstrated,

(ii) the proposed system or systems will operate effectively

and there is a substantial likelihood that such system or systems

will achieve greater continuous emission reduction than that

required to be achieved under the standards of performance which

would otherwise apply, or achieve at least an equivalent

reduction at lower cost in terms of energy, economic, or nonair

quality environmental impact,

(iii) the owner or operator of the proposed source has

demonstrated to the satisfaction of the Administrator that the

proposed system will not cause or contribute to an unreasonable

risk to public health, welfare, or safety in its operation,

function, or malfunction, and

(iv) the granting of such waiver is consistent with the

requirements of subparagraph (C).

In making any determination under clause (ii), the Administrator

shall take into account any previous failure of such system or

systems to operate effectively or to meet any requirement of the

new source performance standards. In determining whether an

unreasonable risk exists under clause (iii), the Administrator

shall consider, among other factors, whether and to what extent the

use of the proposed technological system will cause, increase,

reduce, or eliminate emissions of any unregulated pollutants;

available methods for reducing or eliminating any risk to public

health, welfare, or safety which may be associated with the use of

such system; and the availability of other technological systems

which may be used to conform to standards under this section

without causing or contributing to such unreasonable risk. The

Administrator may conduct such tests and may require the owner or

operator of the proposed source to conduct such tests and provide

such information as is necessary to carry out clause (iii) of this

subparagraph. Such requirements shall include a requirement for

prompt reporting of the emission of any unregulated pollutant from

a system if such pollutant was not emitted, or was emitted in

significantly lesser amounts without use of such system.

(B) A waiver under this paragraph shall be granted on such terms

and conditions as the Administrator determines to be necessary to

assure -

(i) emissions from the source will not prevent attainment and

maintenance of any national ambient air quality standards, and

(ii) proper functioning of the technological system or systems

authorized.

Any such term or condition shall be treated as a standard of

performance for the purposes of subsection (e) of this section and

section 7413 of this title.

(C) The number of waivers granted under this paragraph with

respect to a proposed technological system of continuous emission

reduction shall not exceed such number as the Administrator finds

necessary to ascertain whether or not such system will achieve the

conditions specified in clauses (ii) and (iii) of subparagraph (A).

(D) A waiver under this paragraph shall extend to the sooner of -

(i) the date determined by the Administrator, after

consultation with the owner or operator of the source, taking

into consideration the design, installation, and capital cost of

the technological system or systems being used, or

(ii) the date on which the Administrator determines that such

system has failed to -

(I) achieve at least an equivalent continuous emission

reduction to that required to be achieved under the standards

of performance which would otherwise apply, or

(II) comply with the condition specified in paragraph

(1)(A)(iii),

and that such failure cannot be corrected.

(E) In carrying out subparagraph (D)(i), the Administrator shall

not permit any waiver for a source or portion thereof to extend

beyond the date -

(i) seven years after the date on which any waiver is granted

to such source or portion thereof, or

(ii) four years after the date on which such source or portion

thereof commences operation,

whichever is earlier.

(F) No waiver under this subsection shall apply to any portion of

a source other than the portion on which the innovative

technological system or systems of continuous emission reduction is

used.

(2)(A) If a waiver under paragraph (1) is terminated under clause

(ii) of paragraph (1)(D), the Administrator shall grant an

extension of the requirements of this section for such source for

such minimum period as may be necessary to comply with the

applicable standard of performance under this section. Such period

shall not extend beyond the date three years from the time such

waiver is terminated.

(B) An extension granted under this paragraph shall set forth

emission limits and a compliance schedule containing increments of

progress which require compliance with the applicable standards of

performance as expeditiously as practicable and include such

measures as are necessary and practicable in the interim to

minimize emissions. Such schedule shall be treated as a standard of

performance for purposes of subsection (e) of this section and

section 7413 of this title.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 111, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1683; amended Pub. L.

92-157, title III, Sec. 302(f), Nov. 18, 1971, 85 Stat. 464; Pub.

L. 95-95, title I, Sec. 109(a)-(d)(1), (e), (f), title IV, Sec.

401(b), Aug. 7, 1977, 91 Stat. 697-703, 791; Pub. L. 95-190, Sec.

14(a)(7)-(9), Nov. 16, 1977, 91 Stat. 1399; Pub. L. 95-623, Sec.

13(a), Nov. 9, 1978, 92 Stat. 3457; Pub. L. 101-549, title I, Sec.

108(e)-(g), title III, Sec. 302(a), (b), title IV, Sec. 403(a),

Nov. 15, 1990, 104 Stat. 2467, 2574, 2631.)

-REFTEXT-

REFERENCES IN TEXT

Such Act, referred to in subsec. (a)(8), means Pub. L. 93-319,

June 22, 1974, 88 Stat. 246, as amended, known as the Energy Supply

and Environmental Coordination Act of 1974, which is classified

principally to chapter 16C (Sec. 791 et seq.) of Title 15, Commerce

and Trade. For complete classification of this Act to the Code, see

Short Title note set out under section 791 of Title 15 and Tables.

Section 7413 of this title, referred to in subsec. (a)(8), was

amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15,

1990, 104 Stat. 2672, and, as so amended, subsec. (d) of section

7413 no longer relates to final compliance orders.

Subsection (a)(1) of this section, referred to in subsec. (b)(6),

was amended generally by Pub. L. 101-549, title VII, Sec. 403(a),

Nov. 15, 1990, 104 Stat. 2631, and, as so amended, no longer

contains subpars.

-COD-

CODIFICATION

Section was formerly classified to section 1857c-6 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 111 of act July 14, 1955, was renumbered section

118 by Pub. L. 91-604 and is classified to section 7418 of this

title.

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 403(a), amended par.

(1) generally, substituting provisions defining "standard of

performance" with respect to any air pollutant for provisions

defining such term with respect to subsec. (b) fossil fuel fired

and other stationary sources and subsec. (d) particular sources.

Subsec. (a)(3). Pub. L. 101-549, Sec. 108(f), inserted at end

"Nothing in subchapter II of this chapter relating to nonroad

engines shall be construed to apply to stationary internal

combustion engines."

Subsec. (b)(1)(B). Pub. L. 101-549, Sec. 108(e)(1), substituted

"Within one year" for "Within 120 days", "within one year" for

"within 90 days", and "every 8 years" for "every four years",

inserted before last sentence "Notwithstanding the requirements of

the previous sentence, the Administrator need not review any such

standard if the Administrator determines that such review is not

appropriate in light of readily available information on the

efficacy of such standard.", and inserted at end "When

implementation and enforcement of any requirement of this chapter

indicate that emission limitations and percent reductions beyond

those required by the standards promulgated under this section are

achieved in practice, the Administrator shall, when revising

standards promulgated under this section, consider the emission

limitations and percent reductions achieved in practice."

Subsec. (d)(1)(A)(i). Pub. L. 101-549, Sec. 302(a), which

directed the substitution of "7412(b)" for "7412(b)(1)(A)", could

not be executed, because of the prior amendment by Pub. L. 101-549,

Sec. 108(g), see below.

Pub. L. 101-549, Sec. 108(g), substituted "or emitted from a

source category which is regulated under section 7412 of this

title" for "or 7412(b)(1)(A)".

Subsec. (f)(1). Pub. L. 101-549, Sec. 108(e)(2), amended par. (1)

generally, substituting present provisions for provisions requiring

the Administrator to promulgate regulations listing the categories

of major stationary sources not on the required list by Aug. 7,

1977, and regulations establishing standards of performance for

such categories.

Subsec. (g)(5) to (8). Pub. L. 101-549, Sec. 302(b), redesignated

par. (7) as (5) and struck out "or section 7412 of this title"

after "this section", redesignated par. (8) as (6), and struck out

former pars. (5) and (6) which read as follows:

"(5) Upon application by the Governor of a State showing that the

Administrator has failed to list any air pollutant which causes, or

contributes to, air pollution which may reasonably be anticipated

to result in an increase in mortality or an increase in serious

irreversible, or incapacitating reversible, illness as a hazardous

air pollutant under section 7412 of this title the Administrator

shall revise the list of hazardous air pollutants under such

section to include such pollutant.

"(6) Upon application by the Governor of a State showing that any

category of stationary sources of a hazardous air pollutant listed

under section 7412 of this title is not subject to emission

standards under such section, the Administrator shall propose and

promulgate such emission standards applicable to such category of

sources."

1978 - Subsecs. (d)(1)(A)(ii), (g)(4)(B). Pub. L. 95-623, Sec.

13(a)(2), substituted "under this section" for "under subsection

(b) of this section".

Subsec. (h)(5). Pub. L. 95-623, Sec. 13(a)(1), added par. (5).

Subsec. (j). Pub. L. 95-623, Sec. 13(a)(3), substituted in pars.

(1)(A) and (2)(A) "standards under this section" and "under this

section" for "standards under subsection (b) of this section" and

"under subsection (b) of this section", respectively.

1977 - Subsec. (a)(1). Pub. L. 95-95, Sec. 109(c)(1)(A), added

subpars. (A), (B), and (C), substituted "For the purpose of

subparagraphs (A)(i) and (ii) and (B), a standard of performance

shall reflect" for "a standard for emissions of air pollutants

which reflects", "and the percentage reduction achievable" for

"achievable", and "technological system of continuous emission

reduction which (taking into consideration the cost of achieving

such emission reduction, and any nonair quality health and

environment impact and energy requirements)" for "system of

emission reduction which (taking into account the cost of achieving

such reduction)" in existing provisions, and inserted provision

that, for the purpose of subparagraph (1)(A)(ii), any cleaning of

the fuel or reduction in the pollution characteristics of the fuel

after extraction and prior to combustion may be credited, as

determined under regulations promulgated by the Administrator, to a

source which burns such fuel.

Subsec. (a)(7). Pub. L. 95-95, Sec. 109(c)(1)(B), added par. (7)

defining "technological system of continuous emission reduction".

Pub. L. 95-95, Sec. 109(f), added par. (7) directing that under

certain circumstances a conversion to coal not be deemed a

modification for purposes of pars. (2) and (4).

Subsec. (a)(7), (8). Pub. L. 95-190, Sec. 14(a)(7), redesignated

second par. (7) as (8).

Subsec. (b)(1)(A). Pub. L. 95-95, Sec. 401(b), substituted "such

list if in his judgment it causes, or contributes significantly to,

air pollution which may reasonably be anticipated to endanger" for

"such list if he determines it may contribute significantly to air

pollution which causes or contributes to the endangerment of".

Subsec. (b)(1)(B). Pub. L. 95-95, Sec. 109(c)(2), substituted

"shall, at least every four years, review and, if appropriate," for

"may, from time to time,".

Subsec. (b)(5), (6). Pub. L. 95-95, Sec. 109(c)(3), added pars.

(5) and (6).

Subsec. (c)(1). Pub. L. 95-95, Sec. 109(d)(1), struck out

"(except with respect to new sources owned or operated by the

United States)" after "implement and enforce such standards".

Subsec. (d)(1). Pub. L. 95-95, Sec. 109(b)(1), substituted

"standards of performance" for "emission standards" and inserted

provisions directing that regulations of the Administrator permit

the State, in applying a standard of performance to any particular

source under a submitted plan, to take into consideration, among

other factors, the remaining useful life of the existing source to

which the standard applies.

Subsec. (d)(2). Pub. L. 95-95, Sec. 109(b)(2), provided that, in

promulgating a standard of performance under a plan, the

Administrator take into consideration, among other factors, the

remaining useful lives of the sources in the category of sources to

which the standard applies.

Subsecs. (f) to (i). Pub. L. 95-95, Sec. 109(a), added subsecs.

(f) to (i).

Subsecs. (j), (k). Pub. L. 95-190, Sec. 14(a)(8), (9),

redesignated subsec. (k) as (j) and, as so redesignated,

substituted "(B)" for "(8)" as designation for second subpar. in

par. (2). Former subsec. (j), added by Pub. L. 95-95, Sec. 109(e),

which related to compliance with applicable standards of

performance, was struck out.

Pub. L. 95-95, Sec. 109(e), added subsec. (k).

1971 - Subsec. (b)(1)(B). Pub. L. 92-157 substituted in first

sentence "publish proposed" for "propose".

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

REGULATIONS

Section 403(b), (c) of Pub. L. 101-549 provided that:

"(b) Revised Regulations. - Not later than three years after the

date of enactment of the Clean Air Act Amendments of 1990 [Nov. 15,

1990], the Administrator shall promulgate revised regulations for

standards of performance for new fossil fuel fired electric utility

units commencing construction after the date on which such

regulations are proposed that, at a minimum, require any source

subject to such revised standards to emit sulfur dioxide at a rate

not greater than would have resulted from compliance by such source

with the applicable standards of performance under this section

[amending sections 7411 and 7479 of this title] prior to such

revision.

"(c) Applicability. - The provisions of subsections (a) [amending

this section] and (b) apply only so long as the provisions of

section 403(e) of the Clean Air Act [42 U.S.C. 7651b(e)] remain in

effect."

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Administrator or other official in

Environmental Protection Agency related to compliance with new

source performance standards under this section with respect to

pre-construction, construction, and initial operation of

transportation system for Canadian and Alaskan natural gas

transferred to Federal Inspector, Office of Federal Inspector for

the Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, eff. July 1,

1979, Secs. 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, set out in the Appendix to Title 5, Government Organization

and Employees. Office of Federal Inspector for the Alaska Natural

Gas Transportation System abolished and functions and authority

vested in Inspector transferred to Secretary of Energy by section

3012(b) of Pub. L. 102-486, set out as an Abolition of Office of

Federal Inspector note under section 719e of Title 15, Commerce and

Trade.

-MISC2-

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7412, 7413, 7414, 7416,

7417, 7418, 7420, 7422, 7425, 7429, 7475, 7479, 7501, 7511a, 7511b,

7550, 7604, 7607, 7608, 7616, 7617, 7625-1, 7627, 7651a, 7651d,

7651f, 7651h, 7651n, 7661a, 9601 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7412 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7412. Hazardous air pollutants

-STATUTE-

(a) Definitions

For purposes of this section, except subsection (r) of this

section -

(1) Major source

The term "major source" means any stationary source or group of

stationary sources located within a contiguous area and under

common control that emits or has the potential to emit

considering controls, in the aggregate, 10 tons per year or more

of any hazardous air pollutant or 25 tons per year or more of any

combination of hazardous air pollutants. The Administrator may

establish a lesser quantity, or in the case of radionuclides

different criteria, for a major source than that specified in the

previous sentence, on the basis of the potency of the air

pollutant, persistence, potential for bioaccumulation, other

characteristics of the air pollutant, or other relevant factors.

(2) Area source

The term "area source" means any stationary source of hazardous

air pollutants that is not a major source. For purposes of this

section, the term "area source" shall not include motor vehicles

or nonroad vehicles subject to regulation under subchapter II of

this chapter.

(3) Stationary source

The term "stationary source" shall have the same meaning as

such term has under section 7411(a) of this title.

(4) New source

The term "new source" means a stationary source the

construction or reconstruction of which is commenced after the

Administrator first proposes regulations under this section

establishing an emission standard applicable to such source.

(5) Modification

The term "modification" means any physical change in, or change

in the method of operation of, a major source which increases the

actual emissions of any hazardous air pollutant emitted by such

source by more than a de minimis amount or which results in the

emission of any hazardous air pollutant not previously emitted by

more than a de minimis amount.

(6) Hazardous air pollutant

The term "hazardous air pollutant" means any air pollutant

listed pursuant to subsection (b) of this section.

(7) Adverse environmental effect

The term "adverse environmental effect" means any significant

and widespread adverse effect, which may reasonably be

anticipated, to wildlife, aquatic life, or other natural

resources, including adverse impacts on populations of endangered

or threatened species or significant degradation of environmental

quality over broad areas.

(8) Electric utility steam generating unit

The term "electric utility steam generating unit" means any

fossil fuel fired combustion unit of more than 25 megawatts that

serves a generator that produces electricity for sale. A unit

that cogenerates steam and electricity and supplies more than

one-third of its potential electric output capacity and more than

25 megawatts electrical output to any utility power distribution

system for sale shall be considered an electric utility steam

generating unit.

(9) Owner or operator

The term "owner or operator" means any person who owns, leases,

operates, controls, or supervises a stationary source.

(10) Existing source

The term "existing source" means any stationary source other

than a new source.

(11) Carcinogenic effect

Unless revised, the term "carcinogenic effect" shall have the

meaning provided by the Administrator under Guidelines for

Carcinogenic Risk Assessment as of the date of enactment.(!1) Any

revisions in the existing Guidelines shall be subject to notice

and opportunity for comment.

(b) List of pollutants

(1) Initial list

The Congress establishes for purposes of this section a list of

hazardous air pollutants as follows:

CAS Chemical name

number

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75070 Acetaldehyde

60355 Acetamide

75058 Acetonitrile

98862 Acetophenone

53963 2-Acetylaminofluorene

107028 Acrolein

79061 Acrylamide

79107 Acrylic acid

107131 Acrylonitrile

107051 Allyl chloride

92671 4-Aminobiphenyl

62533 Aniline

90040 o-Anisidine

1332214 Asbestos

71432 Benzene (including benzene from gasoline)

92875 Benzidine

98077 Benzotrichloride

100447 Benzyl chloride

92524 Biphenyl

117817 Bis(2-ethylhexyl)phthalate (DEHP)

542881 Bis(chloromethyl)ether

75252 Bromoform

106990 1,3-Butadiene

156627 Calcium cyanamide

105602 Caprolactam

133062 Captan

63252 Carbaryl

75150 Carbon disulfide

56235 Carbon tetrachloride

463581 Carbonyl sulfide

120809 Catechol

133904 Chloramben

57749 Chlordane

7782505 Chlorine

79118 Chloroacetic acid

532274 2-Chloroacetophenone

108907 Chlorobenzene

510156 Chlorobenzilate

67663 Chloroform

107302 Chloromethyl methyl ether

126998 Chloroprene

1319773 Cresols/Cresylic acid (isomers and mixture)

95487 o-Cresol

108394 m-Cresol

106445 p-Cresol

98828 Cumene

94757 2,4-D, salts and esters

3547044 DDE

334883 Diazomethane

132649 Dibenzofurans

96128 1,2-Dibromo-3-chloropropane

84742 Dibutylphthalate

106467 1,4-Dichlorobenzene(p)

91941 3,3-Dichlorobenzidene

111444 Dichloroethyl ether (Bis(2-chloroethyl)ether)

542756 1,3-Dichloropropene

62737 Dichlorvos

111422 Diethanolamine

121697 N,N-Diethyl aniline (N,N-Dimethylaniline)

64675 Diethyl sulfate

119904 3,3-Dimethoxybenzidine

60117 Dimethyl aminoazobenzene

119937 3,3-Dimethyl benzidine

79447 Dimethyl carbamoyl chloride

68122 Dimethyl formamide

57147 1,1-Dimethyl hydrazine

131113 Dimethyl phthalate

77781 Dimethyl sulfate

534521 4,6-Dinitro-o-cresol, and salts

51285 2,4-Dinitrophenol

121142 2,4-Dinitrotoluene

123911 1,4-Dioxane (1,4-Diethyleneoxide)

122667 1,2-Diphenylhydrazine

106898 Epichlorohydrin (l-Chloro-2,3-epoxypropane)

106887 1,2-Epoxybutane

140885 Ethyl acrylate

100414 Ethyl benzene

51796 Ethyl carbamate (Urethane)

75003 Ethyl chloride (Chloroethane)

106934 Ethylene dibromide (Dibromoethane)

107062 Ethylene dichloride (1,2-Dichloroethane)

107211 Ethylene glycol

151564 Ethylene imine (Aziridine)

75218 Ethylene oxide

96457 Ethylene thiourea

75343 Ethylidene dichloride (1,1-Dichloroethane)

50000 Formaldehyde

76448 Heptachlor

118741 Hexachlorobenzene

87683 Hexachlorobutadiene

77474 Hexachlorocyclopentadiene

67721 Hexachloroethane

822060 Hexamethylene-1,6-diisocyanate

680319 Hexamethylphosphoramide

110543 Hexane

302012 Hydrazine

7647010 Hydrochloric acid

7664393 Hydrogen fluoride (Hydrofluoric acid)

123319 Hydroquinone

78591 Isophorone

58899 Lindane (all isomers)

108316 Maleic anhydride

67561 Methanol

72435 Methoxychlor

74839 Methyl bromide (Bromomethane)

74873 Methyl chloride (Chloromethane)

71556 Methyl chloroform (1,1,1-Trichloroethane)

78933 Methyl ethyl ketone (2-Butanone)

60344 Methyl hydrazine

74884 Methyl iodide (Iodomethane)

108101 Methyl isobutyl ketone (Hexone)

624839 Methyl isocyanate

80626 Methyl methacrylate

1634044 Methyl tert butyl ether

101144 4,4-Methylene bis(2-chloroaniline)

75092 Methylene chloride (Dichloromethane)

101688 Methylene diphenyl diisocyanate (MDI)

101779 4,4-Methylenedianiline

91203 Naphthalene

98953 Nitrobenzene

92933 4-Nitrobiphenyl

100027 4-Nitrophenol

79469 2-Nitropropane

684935 N-Nitroso-N-methylurea

62759 N-Nitrosodimethylamine

59892 N-Nitrosomorpholine

56382 Parathion

82688 Pentachloronitrobenzene (Quintobenzene)

87865 Pentachlorophenol

108952 Phenol

106503 p-Phenylenediamine

75445 Phosgene

7803512 Phosphine

7723140 Phosphorus

85449 Phthalic anhydride

1336363 Polychlorinated biphenyls (Aroclors)

1120714 1,3-Propane sultone

57578 beta-Propiolactone

123386 Propionaldehyde

114261 Propoxur (Baygon)

78875 Propylene dichloride (1,2-Dichloropropane)

75569 Propylene oxide

75558 1,2-Propylenimine (2-Methyl aziridine)

91225 Quinoline

106514 Quinone

100425 Styrene

96093 Styrene oxide

1746016 2,3,7,8-Tetrachlorodibenzo-p-dioxin

79345 1,1,2,2-Tetrachloroethane

127184 Tetrachloroethylene (Perchloroethylene)

7550450 Titanium tetrachloride

108883 Toluene

95807 2,4-Toluene diamine

584849 2,4-Toluene diisocyanate

95534 o-Toluidine

8001352 Toxaphene (chlorinated camphene)

120821 1,2,4-Trichlorobenzene

79005 1,1,2-Trichloroethane

79016 Trichloroethylene

95954 2,4,5-Trichlorophenol

88062 2,4,6-Trichlorophenol

121448 Triethylamine

1582098 Trifluralin

540841 2,2,4-Trimethylpentane

108054 Vinyl acetate

593602 Vinyl bromide

75014 Vinyl chloride

75354 Vinylidene chloride (1,1-Dichloroethylene)

1330207 Xylenes (isomers and mixture)

95476 o-Xylenes

108383 m-Xylenes

106423 p-Xylenes

0 Antimony Compounds

0 Arsenic Compounds (inorganic including arsine)

0 Beryllium Compounds

0 Cadmium Compounds

0 Chromium Compounds

0 Cobalt Compounds

0 Coke Oven Emissions

0 Cyanide Compounds(!1)

0 Glycol ethers(!2)

0 Lead Compounds

0 Manganese Compounds

0 Mercury Compounds

0 Fine mineral fibers(!3)

0 Nickel Compounds

0 Polycylic Organic Matter(!4)

0 Radionuclides (including radon)(!5)

0 Selenium Compounds

NOTE: For all listings above which contain the word "compounds"

and for glycol ethers, the following applies: Unless otherwise

specified, these listings are defined as including any unique

chemical substance that contains the named chemical (i.e.,

antimony, arsenic, etc.) as part of that chemical's infrastructure.

(!1) XCN where X = H or any other group where a formal

dissociation may occur. For example KCN or Ca(CN)G52.

(!2) Includes mono- and di- ethers of ethylene glycol, diethylene

glycol, and triethylene glycol R-(OCH2CH2)G5n-OR where

n = 1, 2, or 3

R = alkyl or aryl groups

R = R, H, or groups which, when removed, yield glycol ethers with

the structure: R-(OCH2CH)G5n-OH. Polymers are excluded from the

glycol category.

(!3) Includes mineral fiber emissions from facilities

manufacturing or processing glass, rock, or slag fibers (or other

mineral derived fibers) of average diameter 1 micrometer or less.

(!4) Includes organic compounds with more than one benzene ring,

and which have a boiling point greater than or equal to

100&#186;<!-- degrees -->C.

(!5) A type of atom which spontaneously undergoes radioactive

decay.

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(2) Revision of the list

The Administrator shall periodically review the list

established by this subsection and publish the results thereof

and, where appropriate, revise such list by rule, adding

pollutants which present, or may present, through inhalation or

other routes of exposure, a threat of adverse human health

effects (including, but not limited to, substances which are

known to be, or may reasonably be anticipated to be,

carcinogenic, mutagenic, teratogenic, neurotoxic, which cause

reproductive dysfunction, or which are acutely or chronically

toxic) or adverse environmental effects whether through ambient

concentrations, bioaccumulation, deposition, or otherwise, but

not including releases subject to regulation under subsection (r)

of this section as a result of emissions to the air. No air

pollutant which is listed under section 7408(a) of this title may

be added to the list under this section, except that the

prohibition of this sentence shall not apply to any pollutant

which independently meets the listing criteria of this paragraph

and is a precursor to a pollutant which is listed under section

7408(a) of this title or to any pollutant which is in a class of

pollutants listed under such section. No substance, practice,

process or activity regulated under subchapter VI of this chapter

shall be subject to regulation under this section solely due to

its adverse effects on the environment.

(3) Petitions to modify the list

(A) Beginning at any time after 6 months after November 15,

1990, any person may petition the Administrator to modify the

list of hazardous air pollutants under this subsection by adding

or deleting a substance or, in case of listed pollutants without

CAS numbers (other than coke oven emissions, mineral fibers, or

polycyclic organic matter) removing certain unique substances.

Within 18 months after receipt of a petition, the Administrator

shall either grant or deny the petition by publishing a written

explanation of the reasons for the Administrator's decision. Any

such petition shall include a showing by the petitioner that

there is adequate data on the health or environmental defects

(!2) of the pollutant or other evidence adequate to support the

petition. The Administrator may not deny a petition solely on the

basis of inadequate resources or time for review.

(B) The Administrator shall add a substance to the list upon a

showing by the petitioner or on the Administrator's own

determination that the substance is an air pollutant and that

emissions, ambient concentrations, bioaccumulation or deposition

of the substance are known to cause or may reasonably be

anticipated to cause adverse effects to human health or adverse

environmental effects.

(C) The Administrator shall delete a substance from the list

upon a showing by the petitioner or on the Administrator's own

determination that there is adequate data on the health and

environmental effects of the substance to determine that

emissions, ambient concentrations, bioaccumulation or deposition

of the substance may not reasonably be anticipated to cause any

adverse effects to the human health or adverse environmental

effects.

(D) The Administrator shall delete one or more unique chemical

substances that contain a listed hazardous air pollutant not

having a CAS number (other than coke oven emissions, mineral

fibers, or polycyclic organic matter) upon a showing by the

petitioner or on the Administrator's own determination that such

unique chemical substances that contain the named chemical of

such listed hazardous air pollutant meet the deletion

requirements of subparagraph (C). The Administrator must grant or

deny a deletion petition prior to promulgating any emission

standards pursuant to subsection (d) of this section applicable

to any source category or subcategory of a listed hazardous air

pollutant without a CAS number listed under subsection (b) of

this section for which a deletion petition has been filed within

12 months of November 15, 1990.

(4) Further information

If the Administrator determines that information on the health

or environmental effects of a substance is not sufficient to make

a determination required by this subsection, the Administrator

may use any authority available to the Administrator to acquire

such information.

(5) Test methods

The Administrator may establish, by rule, test measures and

other analytic procedures for monitoring and measuring emissions,

ambient concentrations, deposition, and bioaccumulation of

hazardous air pollutants.

(6) Prevention of significant deterioration

The provisions of part C of this subchapter (prevention of

significant deterioration) shall not apply to pollutants listed

under this section.

(7) Lead

The Administrator may not list elemental lead as a hazardous

air pollutant under this subsection.

(c) List of source categories

(1) In general

Not later than 12 months after November 15, 1990, the

Administrator shall publish, and shall from time to time, but no

less often than every 8 years, revise, if appropriate, in

response to public comment or new information, a list of all

categories and subcategories of major sources and area sources

(listed under paragraph (3)) of the air pollutants listed

pursuant to subsection (b) of this section. To the extent

practicable, the categories and subcategories listed under this

subsection shall be consistent with the list of source categories

established pursuant to section 7411 of this title and part C of

this subchapter. Nothing in the preceding sentence limits the

Administrator's authority to establish subcategories under this

section, as appropriate.

(2) Requirement for emissions standards

For the categories and subcategories the Administrator lists,

the Administrator shall establish emissions standards under

subsection (d) of this section, according to the schedule in this

subsection and subsection (e) of this section.

(3) Area sources

The Administrator shall list under this subsection each

category or subcategory of area sources which the Administrator

finds presents a threat of adverse effects to human health or the

environment (by such sources individually or in the aggregate)

warranting regulation under this section. The Administrator

shall, not later than 5 years after November 15, 1990, and

pursuant to subsection (k)(3)(B) of this section, list, based on

actual or estimated aggregate emissions of a listed pollutant or

pollutants, sufficient categories or subcategories of area

sources to ensure that area sources representing 90 percent of

the area source emissions of the 30 hazardous air pollutants that

present the greatest threat to public health in the largest

number of urban areas are subject to regulation under this

section. Such regulations shall be promulgated not later than 10

years after November 15, 1990.

(4) Previously regulated categories

The Administrator may, in the Administrator's discretion, list

any category or subcategory of sources previously regulated under

this section as in effect before November 15, 1990.

(5) Additional categories

In addition to those categories and subcategories of sources

listed for regulation pursuant to paragraphs (1) and (3), the

Administrator may at any time list additional categories and

subcategories of sources of hazardous air pollutants according to

the same criteria for listing applicable under such paragraphs.

In the case of source categories and subcategories listed after

publication of the initial list required under paragraph (1) or

(3), emission standards under subsection (d) of this section for

the category or subcategory shall be promulgated within 10 years

after November 15, 1990, or within 2 years after the date on

which such category or subcategory is listed, whichever is later.

(6) Specific pollutants

With respect to alkylated lead compounds, polycyclic organic

matter, hexachlorobenzene, mercury, polychlorinated biphenyls,

2,3,7,8-tetrachlorodibenzofurans and

2,3,7,8-tetrachlorodibenzo-p-dioxin, the Administrator shall, not

later than 5 years after November 15, 1990, list categories and

subcategories of sources assuring that sources accounting for not

less than 90 per centum of the aggregate emissions of each such

pollutant are subject to standards under subsection (d)(2) or

(d)(4) of this section. Such standards shall be promulgated not

later than 10 years after November 15, 1990. This paragraph shall

not be construed to require the Administrator to promulgate

standards for such pollutants emitted by electric utility steam

generating units.

(7) Research facilities

The Administrator shall establish a separate category covering

research or laboratory facilities, as necessary to assure the

equitable treatment of such facilities. For purposes of this

section, "research or laboratory facility" means any stationary

source whose primary purpose is to conduct research and

development into new processes and products, where such source is

operated under the close supervision of technically trained

personnel and is not engaged in the manufacture of products for

commercial sale in commerce, except in a de minimis manner.

(8) Boat manufacturing

When establishing emissions standards for styrene, the

Administrator shall list boat manufacturing as a separate

subcategory unless the Administrator finds that such listing

would be inconsistent with the goals and requirements of this

chapter.

(9) Deletions from the list

(A) Where the sole reason for the inclusion of a source

category on the list required under this subsection is the

emission of a unique chemical substance, the Administrator shall

delete the source category from the list if it is appropriate

because of action taken under either subparagraphs (C) or (D) of

subsection (b)(3) of this section.

(B) The Administrator may delete any source category from the

list under this subsection, on petition of any person or on the

Administrator's own motion, whenever the Administrator makes the

following determination or determinations, as applicable:

(i) In the case of hazardous air pollutants emitted by

sources in the category that may result in cancer in humans, a

determination that no source in the category (or group of

sources in the case of area sources) emits such hazardous air

pollutants in quantities which may cause a lifetime risk of

cancer greater than one in one million to the individual in the

population who is most exposed to emissions of such pollutants

from the source (or group of sources in the case of area

sources).

(ii) In the case of hazardous air pollutants that may result

in adverse health effects in humans other than cancer or

adverse environmental effects, a determination that emissions

from no source in the category or subcategory concerned (or

group of sources in the case of area sources) exceed a level

which is adequate to protect public health with an ample margin

of safety and no adverse environmental effect will result from

emissions from any source (or from a group of sources in the

case of area sources).

The Administrator shall grant or deny a petition under this

paragraph within 1 year after the petition is filed.

(d) Emission standards

(1) In general

The Administrator shall promulgate regulations establishing

emission standards for each category or subcategory of major

sources and area sources of hazardous air pollutants listed for

regulation pursuant to subsection (c) of this section in

accordance with the schedules provided in subsections (c) and (e)

of this section. The Administrator may distinguish among classes,

types, and sizes of sources within a category or subcategory in

establishing such standards except that, there shall be no delay

in the compliance date for any standard applicable to any source

under subsection (i) of this section as the result of the

authority provided by this sentence.

(2) Standards and methods

Emissions standards promulgated under this subsection and

applicable to new or existing sources of hazardous air pollutants

shall require the maximum degree of reduction in emissions of the

hazardous air pollutants subject to this section (including a

prohibition on such emissions, where achievable) that the

Administrator, taking into consideration the cost of achieving

such emission reduction, and any non-air quality health and

environmental impacts and energy requirements, determines is

achievable for new or existing sources in the category or

subcategory to which such emission standard applies, through

application of measures, processes, methods, systems or

techniques including, but not limited to, measures which -

(A) reduce the volume of, or eliminate emissions of, such

pollutants through process changes, substitution of materials

or other modifications,

(B) enclose systems or processes to eliminate emissions,

(C) collect, capture or treat such pollutants when released

from a process, stack, storage or fugitive emissions point,

(D) are design, equipment, work practice, or operational

standards (including requirements for operator training or

certification) as provided in subsection (h) of this section,

or

(E) are a combination of the above.

None of the measures described in subparagraphs (A) through (D)

shall, consistent with the provisions of section 7414(c) of this

title, in any way compromise any United States patent or United

States trademark right, or any confidential business information,

or any trade secret or any other intellectual property right.

(3) New and existing sources

The maximum degree of reduction in emissions that is deemed

achievable for new sources in a category or subcategory shall not

be less stringent than the emission control that is achieved in

practice by the best controlled similar source, as determined by

the Administrator. Emission standards promulgated under this

subsection for existing sources in a category or subcategory may

be less stringent than standards for new sources in the same

category or subcategory but shall not be less stringent, and may

be more stringent than -

(A) the average emission limitation achieved by the best

performing 12 percent of the existing sources (for which the

Administrator has emissions information), excluding those

sources that have, within 18 months before the emission

standard is proposed or within 30 months before such standard

is promulgated, whichever is later, first achieved a level of

emission rate or emission reduction which complies, or would

comply if the source is not subject to such standard, with the

lowest achievable emission rate (as defined by section 7501 of

this title) applicable to the source category and prevailing at

the time, in the category or subcategory for categories and

subcategories with 30 or more sources, or

(B) the average emission limitation achieved by the best

performing 5 sources (for which the Administrator has or could

reasonably obtain emissions information) in the category or

subcategory for categories or subcategories with fewer than 30

sources.

(4) Health threshold

With respect to pollutants for which a health threshold has

been established, the Administrator may consider such threshold

level, with an ample margin of safety, when establishing emission

standards under this subsection.

(5) Alternative standard for area sources

With respect only to categories and subcategories of area

sources listed pursuant to subsection (c) of this section, the

Administrator may, in lieu of the authorities provided in

paragraph (2) and subsection (f) of this section, elect to

promulgate standards or requirements applicable to sources in

such categories or subcategories which provide for the use of

generally available control technologies or management practices

by such sources to reduce emissions of hazardous air pollutants.

(6) Review and revision

The Administrator shall review, and revise as necessary (taking

into account developments in practices, processes, and control

technologies), emission standards promulgated under this section

no less often than every 8 years.

(7) Other requirements preserved

No emission standard or other requirement promulgated under

this section shall be interpreted, construed or applied to

diminish or replace the requirements of a more stringent emission

limitation or other applicable requirement established pursuant

to section 7411 of this title, part C or D of this subchapter, or

other authority of this chapter or a standard issued under State

authority.

(8) Coke ovens

(A) Not later than December 31, 1992, the Administrator shall

promulgate regulations establishing emission standards under

paragraphs (2) and (3) of this subsection for coke oven

batteries. In establishing such standards, the Administrator

shall evaluate -

(i) the use of sodium silicate (or equivalent) luting

compounds to prevent door leaks, and other operating practices

and technologies for their effectiveness in reducing coke oven

emissions, and their suitability for use on new and existing

coke oven batteries, taking into account costs and reasonable

commercial door warranties; and

(ii) as a basis for emission standards under this subsection

for new coke oven batteries that begin construction after the

date of proposal of such standards, the Jewell design Thompson

non-recovery coke oven batteries and other non-recovery coke

oven technologies, and other appropriate emission control and

coke production technologies, as to their effectiveness in

reducing coke oven emissions and their capability for

production of steel quality coke.

Such regulations shall require at a minimum that coke oven

batteries will not exceed 8 per centum leaking doors, 1 per

centum leaking lids, 5 per centum leaking offtakes, and 16

seconds visible emissions per charge, with no exclusion for

emissions during the period after the closing of self-sealing

oven doors. Notwithstanding subsection (i) of this section, the

compliance date for such emission standards for existing coke

oven batteries shall be December 31, 1995.

(B) The Administrator shall promulgate work practice

regulations under this subsection for coke oven batteries

requiring, as appropriate -

(i) the use of sodium silicate (or equivalent) luting

compounds, if the Administrator determines that use of sodium

silicate is an effective means of emissions control and is

achievable, taking into account costs and reasonable commercial

warranties for doors and related equipment; and

(ii) door and jam cleaning practices.

Notwithstanding subsection (i) of this section, the compliance

date for such work practice regulations for coke oven batteries

shall be not later than the date 3 years after November 15, 1990.

(C) For coke oven batteries electing to qualify for an

extension of the compliance date for standards promulgated under

subsection (f) of this section in accordance with subsection

(i)(8) of this section, the emission standards under this

subsection for coke oven batteries shall require that coke oven

batteries not exceed 8 per centum leaking doors, 1 per centum

leaking lids, 5 per centum leaking offtakes, and 16 seconds

visible emissions per charge, with no exclusion for emissions

during the period after the closing of self-sealing doors.

Notwithstanding subsection (i) of this section, the compliance

date for such emission standards for existing coke oven batteries

seeking an extension shall be not later than the date 3 years

after November 15, 1990.

(9) Sources licensed by the Nuclear Regulatory Commission

No standard for radionuclide emissions from any category or

subcategory of facilities licensed by the Nuclear Regulatory

Commission (or an Agreement State) is required to be promulgated

under this section if the Administrator determines, by rule, and

after consultation with the Nuclear Regulatory Commission, that

the regulatory program established by the Nuclear Regulatory

Commission pursuant to the Atomic Energy Act [42 U.S.C. 2011 et

seq.] for such category or subcategory provides an ample margin

of safety to protect the public health. Nothing in this

subsection shall preclude or deny the right of any State or

political subdivision thereof to adopt or enforce any standard or

limitation respecting emissions of radionuclides which is more

stringent than the standard or limitation in effect under section

7411 of this title or this section.

(10) Effective date

Emission standards or other regulations promulgated under this

subsection shall be effective upon promulgation.

(e) Schedule for standards and review

(1) In general

The Administrator shall promulgate regulations establishing

emission standards for categories and subcategories of sources

initially listed for regulation pursuant to subsection (c)(1) of

this section as expeditiously as practicable, assuring that -

(A) emission standards for not less than 40 categories and

subcategories (not counting coke oven batteries) shall be

promulgated not later than 2 years after November 15, 1990;

(B) emission standards for coke oven batteries shall be

promulgated not later than December 31, 1992;

(C) emission standards for 25 per centum of the listed

categories and subcategories shall be promulgated not later

than 4 years after November 15, 1990;

(D) emission standards for an additional 25 per centum of the

listed categories and subcategories shall be promulgated not

later than 7 years after November 15, 1990; and

(E) emission standards for all categories and subcategories

shall be promulgated not later than 10 years after November 15,

1990.

(2) Priorities

In determining priorities for promulgating standards under

subsection (d) of this section, the Administrator shall consider

-

(A) the known or anticipated adverse effects of such

pollutants on public health and the environment;

(B) the quantity and location of emissions or reasonably

anticipated emissions of hazardous air pollutants that each

category or subcategory will emit; and

(C) the efficiency of grouping categories or subcategories

according to the pollutants emitted, or the processes or

technologies used.

(3) Published schedule

Not later than 24 months after November 15, 1990, and after

opportunity for comment, the Administrator shall publish a

schedule establishing a date for the promulgation of emission

standards for each category and subcategory of sources listed

pursuant to subsection (c)(1) and (3) of this section which shall

be consistent with the requirements of paragraphs (1) and (2).

The determination of priorities for the promulgation of standards

pursuant to this paragraph is not a rulemaking and shall not be

subject to judicial review, except that, failure to promulgate

any standard pursuant to the schedule established by this

paragraph shall be subject to review under section 7604 of this

title.

(4) Judicial review

Notwithstanding section 7607 of this title, no action of the

Administrator adding a pollutant to the list under subsection (b)

of this section or listing a source category or subcategory under

subsection (c) of this section shall be a final agency action

subject to judicial review, except that any such action may be

reviewed under such section 7607 of this title when the

Administrator issues emission standards for such pollutant or

category.

(5) Publicly owned treatment works

The Administrator shall promulgate standards pursuant to

subsection (d) of this section applicable to publicly owned

treatment works (as defined in title II of the Federal Water

Pollution Control Act [33 U.S.C. 1281 et seq.]) not later than 5

years after November 15, 1990.

(f) Standard to protect health and environment

(1) Report

Not later than 6 years after November 15, 1990, the

Administrator shall investigate and report, after consultation

with the Surgeon General and after opportunity for public

comment, to Congress on -

(A) methods of calculating the risk to public health

remaining, or likely to remain, from sources subject to

regulation under this section after the application of

standards under subsection (d) of this section;

(B) the public health significance of such estimated

remaining risk and the technologically and commercially

available methods and costs of reducing such risks;

(C) the actual health effects with respect to persons living

in the vicinity of sources, any available epidemiological or

other health studies, risks presented by background

concentrations of hazardous air pollutants, any uncertainties

in risk assessment methodology or other health assessment

technique, and any negative health or environmental

consequences to the community of efforts to reduce such risks;

and

(D) recommendations as to legislation regarding such

remaining risk.

(2) Emission standards

(A) If Congress does not act on any recommendation submitted

under paragraph (1), the Administrator shall, within 8 years

after promulgation of standards for each category or subcategory

of sources pursuant to subsection (d) of this section, promulgate

standards for such category or subcategory if promulgation of

such standards is required in order to provide an ample margin of

safety to protect public health in accordance with this section

(as in effect before November 15, 1990) or to prevent, taking

into consideration costs, energy, safety, and other relevant

factors, an adverse environmental effect. Emission standards

promulgated under this subsection shall provide an ample margin

of safety to protect public health in accordance with this

section (as in effect before November 15, 1990), unless the

Administrator determines that a more stringent standard is

necessary to prevent, taking into consideration costs, energy,

safety, and other relevant factors, an adverse environmental

effect. If standards promulgated pursuant to subsection (d) of

this section and applicable to a category or subcategory of

sources emitting a pollutant (or pollutants) classified as a

known, probable or possible human carcinogen do not reduce

lifetime excess cancer risks to the individual most exposed to

emissions from a source in the category or subcategory to less

than one in one million, the Administrator shall promulgate

standards under this subsection for such source category.

(B) Nothing in subparagraph (A) or in any other provision of

this section shall be construed as affecting, or applying to the

Administrator's interpretation of this section, as in effect

before November 15, 1990, and set forth in the Federal Register

of September 14, 1989 (54 Federal Register 38044).

(C) The Administrator shall determine whether or not to

promulgate such standards and, if the Administrator decides to

promulgate such standards, shall promulgate the standards 8 years

after promulgation of the standards under subsection (d) of this

section for each source category or subcategory concerned. In the

case of categories or subcategories for which standards under

subsection (d) of this section are required to be promulgated

within 2 years after November 15, 1990, the Administrator shall

have 9 years after promulgation of the standards under subsection

(d) of this section to make the determination under the preceding

sentence and, if required, to promulgate the standards under this

paragraph.

(3) Effective date

Any emission standard established pursuant to this subsection

shall become effective upon promulgation.

(4) Prohibition

No air pollutant to which a standard under this subsection

applies may be emitted from any stationary source in violation of

such standard, except that in the case of an existing source -

(A) such standard shall not apply until 90 days after its

effective date, and

(B) the Administrator may grant a waiver permitting such

source a period of up to 2 years after the effective date of a

standard to comply with the standard if the Administrator finds

that such period is necessary for the installation of controls

and that steps will be taken during the period of the waiver to

assure that the health of persons will be protected from

imminent endangerment.

(5) Area sources

The Administrator shall not be required to conduct any review

under this subsection or promulgate emission limitations under

this subsection for any category or subcategory of area sources

that is listed pursuant to subsection (c)(3) of this section and

for which an emission standard is promulgated pursuant to

subsection (d)(5) of this section.

(6) Unique chemical substances

In establishing standards for the control of unique chemical

substances of listed pollutants without CAS numbers under this

subsection, the Administrator shall establish such standards with

respect to the health and environmental effects of the substances

actually emitted by sources and direct transformation byproducts

of such emissions in the categories and subcategories.

(g) Modifications

(1) Offsets

(A) A physical change in, or change in the method of operation

of, a major source which results in a greater than de minimis

increase in actual emissions of a hazardous air pollutant shall

not be considered a modification, if such increase in the

quantity of actual emissions of any hazardous air pollutant from

such source will be offset by an equal or greater decrease in the

quantity of emissions of another hazardous air pollutant (or

pollutants) from such source which is deemed more hazardous,

pursuant to guidance issued by the Administrator under

subparagraph (B). The owner or operator of such source shall

submit a showing to the Administrator (or the State) that such

increase has been offset under the preceding sentence.

(B) The Administrator shall, after notice and opportunity for

comment and not later than 18 months after November 15, 1990,

publish guidance with respect to implementation of this

subsection. Such guidance shall include an identification, to the

extent practicable, of the relative hazard to human health

resulting from emissions to the ambient air of each of the

pollutants listed under subsection (b) of this section sufficient

to facilitate the offset showing authorized by subparagraph (A).

Such guidance shall not authorize offsets between pollutants

where the increased pollutant (or more than one pollutant in a

stream of pollutants) causes adverse effects to human health for

which no safety threshold for exposure can be determined unless

there are corresponding decreases in such types of pollutant(s).

(2) Construction, reconstruction and modifications

(A) After the effective date of a permit program under

subchapter V of this chapter in any State, no person may modify a

major source of hazardous air pollutants in such State, unless

the Administrator (or the State) determines that the maximum

achievable control technology emission limitation under this

section for existing sources will be met. Such determination

shall be made on a case-by-case basis where no applicable

emissions limitations have been established by the Administrator.

(B) After the effective date of a permit program under

subchapter V of this chapter in any State, no person may

construct or reconstruct any major source of hazardous air

pollutants, unless the Administrator (or the State) determines

that the maximum achievable control technology emission

limitation under this section for new sources will be met. Such

determination shall be made on a case-by-case basis where no

applicable emission limitations have been established by the

Administrator.

(3) Procedures for modifications

The Administrator (or the State) shall establish reasonable

procedures for assuring that the requirements applying to

modifications under this section are reflected in the permit.

(h) Work practice standards and other requirements

(1) In general

For purposes of this section, if it is not feasible in the

judgment of the Administrator to prescribe or enforce an emission

standard for control of a hazardous air pollutant or pollutants,

the Administrator may, in lieu thereof, promulgate a design,

equipment, work practice, or operational standard, or combination

thereof, which in the Administrator's judgment is consistent with

the provisions of subsection (d) or (f) of this section. In the

event the Administrator promulgates a design or equipment

standard under this subsection, the Administrator shall include

as part of such standard such requirements as will assure the

proper operation and maintenance of any such element of design or

equipment.

(2) Definition

For the purpose of this subsection, the phrase "not feasible to

prescribe or enforce an emission standard" means any situation in

which the Administrator determines that -

(A) a hazardous air pollutant or pollutants cannot be emitted

through a conveyance designed and constructed to emit or

capture such pollutant, or that any requirement for, or use of,

such a conveyance would be inconsistent with any Federal, State

or local law, or

(B) the application of measurement methodology to a

particular class of sources is not practicable due to

technological and economic limitations.

(3) Alternative standard

If after notice and opportunity for comment, the owner or

operator of any source establishes to the satisfaction of the

Administrator that an alternative means of emission limitation

will achieve a reduction in emissions of any air pollutant at

least equivalent to the reduction in emissions of such pollutant

achieved under the requirements of paragraph (1), the

Administrator shall permit the use of such alternative by the

source for purposes of compliance with this section with respect

to such pollutant.

(4) Numerical standard required

Any standard promulgated under paragraph (1) shall be

promulgated in terms of an emission standard whenever it is

feasible to promulgate and enforce a standard in such terms.

(i) Schedule for compliance

(1) Preconstruction and operating requirements

After the effective date of any emission standard, limitation,

or regulation under subsection (d), (f) or (h) of this section,

no person may construct any new major source or reconstruct any

existing major source subject to such emission standard,

regulation or limitation unless the Administrator (or a State

with a permit program approved under subchapter V of this

chapter) determines that such source, if properly constructed,

reconstructed and operated, will comply with the standard,

regulation or limitation.

(2) Special rule

Notwithstanding the requirements of paragraph (1), a new source

which commences construction or reconstruction after a standard,

limitation or regulation applicable to such source is proposed

and before such standard, limitation or regulation is promulgated

shall not be required to comply with such promulgated standard

until the date 3 years after the date of promulgation if -

(A) the promulgated standard, limitation or regulation is

more stringent than the standard, limitation or regulation

proposed; and

(B) the source complies with the standard, limitation, or

regulation as proposed during the 3-year period immediately

after promulgation.

(3) Compliance schedule for existing sources

(A) After the effective date of any emissions standard,

limitation or regulation promulgated under this section and

applicable to a source, no person may operate such source in

violation of such standard, limitation or regulation except, in

the case of an existing source, the Administrator shall establish

a compliance date or dates for each category or subcategory of

existing sources, which shall provide for compliance as

expeditiously as practicable, but in no event later than 3 years

after the effective date of such standard, except as provided in

subparagraph (B) and paragraphs (4) through (8).

(B) The Administrator (or a State with a program approved under

subchapter V of this chapter) may issue a permit that grants an

extension permitting an existing source up to 1 additional year

to comply with standards under subsection (d) of this section if

such additional period is necessary for the installation of

controls. An additional extension of up to 3 years may be added

for mining waste operations, if the 4-year compliance time is

insufficient to dry and cover mining waste in order to reduce

emissions of any pollutant listed under subsection (b) of this

section.

(4) Presidential exemption

The President may exempt any stationary source from compliance

with any standard or limitation under this section for a period

of not more than 2 years if the President determines that the

technology to implement such standard is not available and that

it is in the national security interests of the United States to

do so. An exemption under this paragraph may be extended for 1 or

more additional periods, each period not to exceed 2 years. The

President shall report to Congress with respect to each exemption

(or extension thereof) made under this paragraph.

(5) Early reduction

(A) The Administrator (or a State acting pursuant to a permit

program approved under subchapter V of this chapter) shall issue

a permit allowing an existing source, for which the owner or

operator demonstrates that the source has achieved a reduction of

90 per centum or more in emissions of hazardous air pollutants

(95 per centum in the case of hazardous air pollutants which are

particulates) from the source, to meet an alternative emission

limitation reflecting such reduction in lieu of an emission

limitation promulgated under subsection (d) of this section for a

period of 6 years from the compliance date for the otherwise

applicable standard, provided that such reduction is achieved

before the otherwise applicable standard under subsection (d) of

this section is first proposed. Nothing in this paragraph shall

preclude a State from requiring reductions in excess of those

specified in this subparagraph as a condition of granting the

extension authorized by the previous sentence.

(B) An existing source which achieves the reduction referred to

in subparagraph (A) after the proposal of an applicable standard

but before January 1, 1994, may qualify under subparagraph (A),

if the source makes an enforceable commitment to achieve such

reduction before the proposal of the standard. Such commitment

shall be enforceable to the same extent as a regulation under

this section.

(C) The reduction shall be determined with respect to

verifiable and actual emissions in a base year not earlier than

calendar year 1987, provided that, there is no evidence that

emissions in the base year are artificially or substantially

greater than emissions in other years prior to implementation of

emissions reduction measures. The Administrator may allow a

source to use a baseline year of 1985 or 1986 provided that the

source can demonstrate to the satisfaction of the Administrator

that emissions data for the source reflects verifiable data based

on information for such source, received by the Administrator

prior to November 15, 1990, pursuant to an information request

issued under section 7414 of this title.

(D) For each source granted an alternative emission limitation

under this paragraph there shall be established by a permit

issued pursuant to subchapter V of this chapter an enforceable

emission limitation for hazardous air pollutants reflecting the

reduction which qualifies the source for an alternative emission

limitation under this paragraph. An alternative emission

limitation under this paragraph shall not be available with

respect to standards or requirements promulgated pursuant to

subsection (f) of this section and the Administrator shall, for

the purpose of determining whether a standard under subsection

(f) of this section is necessary, review emissions from sources

granted an alternative emission limitation under this paragraph

at the same time that other sources in the category or

subcategory are reviewed.

(E) With respect to pollutants for which high risks of adverse

public health effects may be associated with exposure to small

quantities including, but not limited to, chlorinated dioxins and

furans, the Administrator shall by regulation limit the use of

offsetting reductions in emissions of other hazardous air

pollutants from the source as counting toward the 90 per centum

reduction in such high-risk pollutants qualifying for an

alternative emissions limitation under this paragraph.

(6) Other reductions

Notwithstanding the requirements of this section, no existing

source that has installed -

(A) best available control technology (as defined in section

7479(3) of this title), or

(B) technology required to meet a lowest achievable emission

rate (as defined in section 7501 of this title),

prior to the promulgation of a standard under this section

applicable to such source and the same pollutant (or stream of

pollutants) controlled pursuant to an action described in

subparagraph (A) or (B) shall be required to comply with such

standard under this section until the date 5 years after the date

on which such installation or reduction has been achieved, as

determined by the Administrator. The Administrator may issue such

rules and guidance as are necessary to implement this paragraph.

(7) Extension for new sources

A source for which construction or reconstruction is commenced

after the date an emission standard applicable to such source is

proposed pursuant to subsection (d) of this section but before

the date an emission standard applicable to such source is

proposed pursuant to subsection (f) of this section shall not be

required to comply with the emission standard under subsection

(f) of this section until the date 10 years after the date

construction or reconstruction is commenced.

(8) Coke ovens

(A) Any coke oven battery that complies with the emission

limitations established under subsection (d)(8)(C) of this

section, subparagraph (B), and subparagraph (C), and complies

with the provisions of subparagraph (E), shall not be required to

achieve emission limitations promulgated under subsection (f) of

this section until January 1, 2020.

(B)(i) Not later than December 31, 1992, the Administrator

shall promulgate emission limitations for coke oven emissions

from coke oven batteries. Notwithstanding paragraph (3) of this

subsection, the compliance date for such emission limitations for

existing coke oven batteries shall be January 1, 1998. Such

emission limitations shall reflect the lowest achievable emission

rate as defined in section 7501 of this title for a coke oven

battery that is rebuilt or a replacement at a coke oven plant for

an existing battery. Such emission limitations shall be no less

stringent than -

(I) 3 per centum leaking doors (5 per centum leaking doors

for six meter batteries);

(II) 1 per centum leaking lids;

(III) 4 per centum leaking offtakes; and

(IV) 16 seconds visible emissions per charge,

with an exclusion for emissions during the period after the

closing of self-sealing oven doors (or the total mass emissions

equivalent). The rulemaking in which such emission limitations

are promulgated shall also establish an appropriate measurement

methodology for determining compliance with such emission

limitations, and shall establish such emission limitations in

terms of an equivalent level of mass emissions reduction from a

coke oven battery, unless the Administrator finds that such a

mass emissions standard would not be practicable or enforceable.

Such measurement methodology, to the extent it measures leaking

doors, shall take into consideration alternative test methods

that reflect the best technology and practices actually applied

in the affected industries, and shall assure that the final test

methods are consistent with the performance of such best

technology and practices.

(ii) If the Administrator fails to promulgate such emission

limitations under this subparagraph prior to the effective date

of such emission limitations, the emission limitations applicable

to coke oven batteries under this subparagraph shall be -

(I) 3 per centum leaking doors (5 per centum leaking doors

for six meter batteries);

(II) 1 per centum leaking lids;

(III) 4 per centum leaking offtakes; and

(IV) 16 seconds visible emissions per charge,

or the total mass emissions equivalent (if the total mass

emissions equivalent is determined to be practicable and

enforceable), with no exclusion for emissions during the period

after the closing of self-sealing oven doors.

(C) Not later than January 1, 2007, the Administrator shall

review the emission limitations promulgated under subparagraph

(B) and revise, as necessary, such emission limitations to

reflect the lowest achievable emission rate as defined in section

7501 of this title at the time for a coke oven battery that is

rebuilt or a replacement at a coke oven plant for an existing

battery. Such emission limitations shall be no less stringent

than the emission limitation promulgated under subparagraph (B).

Notwithstanding paragraph (2) of this subsection, the compliance

date for such emission limitations for existing coke oven

batteries shall be January 1, 2010.

(D) At any time prior to January 1, 1998, the owner or operator

of any coke oven battery may elect to comply with emission

limitations promulgated under subsection (f) of this section by

the date such emission limitations would otherwise apply to such

coke oven battery, in lieu of the emission limitations and the

compliance dates provided under subparagraphs (B) and (C) of this

paragraph. Any such owner or operator shall be legally bound to

comply with such emission limitations promulgated under

subsection (f) of this section with respect to such coke oven

battery as of January 1, 2003. If no such emission limitations

have been promulgated for such coke oven battery, the

Administrator shall promulgate such emission limitations in

accordance with subsection (f) of this section for such coke oven

battery.

(E) Coke oven batteries qualifying for an extension under

subparagraph (A) shall make available not later than January 1,

2000, to the surrounding communities the results of any risk

assessment performed by the Administrator to determine the

appropriate level of any emission standard established by the

Administrator pursuant to subsection (f) of this section.

(F) Notwithstanding the provisions of this section,

reconstruction of any source of coke oven emissions qualifying

for an extension under this paragraph shall not subject such

source to emission limitations under subsection (f) of this

section more stringent than those established under subparagraphs

(B) and (C) until January 1, 2020. For the purposes of this

subparagraph, the term "reconstruction" includes the replacement

of existing coke oven battery capacity with new coke oven

batteries of comparable or lower capacity and lower potential

emissions.

(j) Equivalent emission limitation by permit

(1) Effective date

The requirements of this subsection shall apply in each State

beginning on the effective date of a permit program established

pursuant to subchapter V of this chapter in such State, but not

prior to the date 42 months after November 15, 1990.

(2) Failure to promulgate a standard

In the event that the Administrator fails to promulgate a

standard for a category or subcategory of major sources by the

date established pursuant to subsection (e)(1) and (3) of this

section, and beginning 18 months after such date (but not prior

to the effective date of a permit program under subchapter V of

this chapter), the owner or operator of any major source in such

category or subcategory shall submit a permit application under

paragraph (3) and such owner or operator shall also comply with

paragraphs (5) and (6).

(3) Applications

By the date established by paragraph (2), the owner or operator

of a major source subject to this subsection shall file an

application for a permit. If the owner or operator of a source

has submitted a timely and complete application for a permit

required by this subsection, any failure to have a permit shall

not be a violation of paragraph (2), unless the delay in final

action is due to the failure of the applicant to timely submit

information required or requested to process the application. The

Administrator shall not later than 18 months after November 15,

1990, and after notice and opportunity for comment, establish

requirements for applications under this subsection including a

standard application form and criteria for determining in a

timely manner the completeness of applications.

(4) Review and approval

Permit applications submitted under this subsection shall be

reviewed and approved or disapproved according to the provisions

of section 7661d of this title. In the event that the

Administrator (or the State) disapproves a permit application

submitted under this subsection or determines that the

application is incomplete, the applicant shall have up to 6

months to revise the application to meet the objections of the

Administrator (or the State).

(5) Emission limitation

The permit shall be issued pursuant to subchapter V of this

chapter and shall contain emission limitations for the hazardous

air pollutants subject to regulation under this section and

emitted by the source that the Administrator (or the State)

determines, on a case-by-case basis, to be equivalent to the

limitation that would apply to such source if an emission

standard had been promulgated in a timely manner under subsection

(d) of this section. In the alternative, if the applicable

criteria are met, the permit may contain an emissions limitation

established according to the provisions of subsection (i)(5) of

this section. For purposes of the preceding sentence, the

reduction required by subsection (i)(5)(A) of this section shall

be achieved by the date on which the relevant standard should

have been promulgated under subsection (d) of this section. No

such pollutant may be emitted in amounts exceeding an emission

limitation contained in a permit immediately for new sources and,

as expeditiously as practicable, but not later than the date 3

years after the permit is issued for existing sources or such

other compliance date as would apply under subsection (i) of this

section.

(6) Applicability of subsequent standards

If the Administrator promulgates an emission standard that is

applicable to the major source prior to the date on which a

permit application is approved, the emission limitation in the

permit shall reflect the promulgated standard rather than the

emission limitation determined pursuant to paragraph (5),

provided that the source shall have the compliance period

provided under subsection (i) of this section. If the

Administrator promulgates a standard under subsection (d) of this

section that would be applicable to the source in lieu of the

emission limitation established by permit under this subsection

after the date on which the permit has been issued, the

Administrator (or the State) shall revise such permit upon the

next renewal to reflect the standard promulgated by the

Administrator providing such source a reasonable time to comply,

but no longer than 8 years after such standard is promulgated or

8 years after the date on which the source is first required to

comply with the emissions limitation established by paragraph

(5), whichever is earlier.

(k) Area source program

(1) Findings and purpose

The Congress finds that emissions of hazardous air pollutants

from area sources may individually, or in the aggregate, present

significant risks to public health in urban areas. Considering

the large number of persons exposed and the risks of carcinogenic

and other adverse health effects from hazardous air pollutants,

ambient concentrations characteristic of large urban areas should

be reduced to levels substantially below those currently

experienced. It is the purpose of this subsection to achieve a

substantial reduction in emissions of hazardous air pollutants

from area sources and an equivalent reduction in the public

health risks associated with such sources including a reduction

of not less than 75 per centum in the incidence of cancer

attributable to emissions from such sources.

(2) Research program

The Administrator shall, after consultation with State and

local air pollution control officials, conduct a program of

research with respect to sources of hazardous air pollutants in

urban areas and shall include within such program -

(A) ambient monitoring for a broad range of hazardous air

pollutants (including, but not limited to, volatile organic

compounds, metals, pesticides and products of incomplete

combustion) in a representative number of urban locations;

(B) analysis to characterize the sources of such pollution

with a focus on area sources and the contribution that such

sources make to public health risks from hazardous air

pollutants; and

(C) consideration of atmospheric transformation and other

factors which can elevate public health risks from such

pollutants.

Health effects considered under this program shall include, but

not be limited to, carcinogenicity, mutagenicity, teratogenicity,

neurotoxicity, reproductive dysfunction and other acute and

chronic effects including the role of such pollutants as

precursors of ozone or acid aerosol formation. The Administrator

shall report the preliminary results of such research not later

than 3 years after November 15, 1990.

(3) National strategy

(A) Considering information collected pursuant to the

monitoring program authorized by paragraph (2), the Administrator

shall, not later than 5 years after November 15, 1990, and after

notice and opportunity for public comment, prepare and transmit

to the Congress a comprehensive strategy to control emissions of

hazardous air pollutants from area sources in urban areas.

(B) The strategy shall -

(i) identify not less than 30 hazardous air pollutants which,

as the result of emissions from area sources, present the

greatest threat to public health in the largest number of urban

areas and that are or will be listed pursuant to subsection (b)

of this section, and

(ii) identify the source categories or subcategories emitting

such pollutants that are or will be listed pursuant to

subsection (c) of this section. When identifying categories and

subcategories of sources under this subparagraph, the

Administrator shall assure that sources accounting for 90 per

centum or more of the aggregate emissions of each of the 30

identified hazardous air pollutants are subject to standards

pursuant to subsection (d) of this section.

(C) The strategy shall include a schedule of specific actions

to substantially reduce the public health risks posed by the

release of hazardous air pollutants from area sources that will

be implemented by the Administrator under the authority of this

or other laws (including, but not limited to, the Toxic

Substances Control Act [15 U.S.C. 2601 et seq.], the Federal

Insecticide, Fungicide and Rodenticide Act [7 U.S.C. 136 et seq.]

and the Resource Conservation and Recovery Act [42 U.S.C. 6901 et

seq.]) or by the States. The strategy shall achieve a reduction

in the incidence of cancer attributable to exposure to hazardous

air pollutants emitted by stationary sources of not less than 75

per centum, considering control of emissions of hazardous air

pollutants from all stationary sources and resulting from

measures implemented by the Administrator or by the States under

this or other laws.

(D) The strategy may also identify research needs in

monitoring, analytical methodology, modeling or pollution control

techniques and recommendations for changes in law that would

further the goals and objectives of this subsection.

(E) Nothing in this subsection shall be interpreted to preclude

or delay implementation of actions with respect to area sources

of hazardous air pollutants under consideration pursuant to this

or any other law and that may be promulgated before the strategy

is prepared.

(F) The Administrator shall implement the strategy as

expeditiously as practicable assuring that all sources are in

compliance with all requirements not later than 9 years after

November 15, 1990.

(G) As part of such strategy the Administrator shall provide

for ambient monitoring and emissions modeling in urban areas as

appropriate to demonstrate that the goals and objectives of the

strategy are being met.

(4) Areawide activities

In addition to the national urban air toxics strategy

authorized by paragraph (3), the Administrator shall also

encourage and support areawide strategies developed by State or

local air pollution control agencies that are intended to reduce

risks from emissions by area sources within a particular urban

area. From the funds available for grants under this section, the

Administrator shall set aside not less than 10 per centum to

support areawide strategies addressing hazardous air pollutants

emitted by area sources and shall award such funds on a

demonstration basis to those States with innovative and effective

strategies. At the request of State or local air pollution

control officials, the Administrator shall prepare guidelines for

control technologies or management practices which may be

applicable to various categories or subcategories of area

sources.

(5) Report

The Administrator shall report to the Congress at intervals not

later than 8 and 12 years after November 15, 1990, on actions

taken under this subsection and other parts of this chapter to

reduce the risk to public health posed by the release of

hazardous air pollutants from area sources. The reports shall

also identify specific metropolitan areas that continue to

experience high risks to public health as the result of emissions

from area sources.

(l) State programs

(1) In general

Each State may develop and submit to the Administrator for

approval a program for the implementation and enforcement

(including a review of enforcement delegations previously

granted) of emission standards and other requirements for air

pollutants subject to this section or requirements for the

prevention and mitigation of accidental releases pursuant to

subsection (r) of this section. A program submitted by a State

under this subsection may provide for partial or complete

delegation of the Administrator's authorities and

responsibilities to implement and enforce emissions standards and

prevention requirements but shall not include authority to set

standards less stringent than those promulgated by the

Administrator under this chapter.

(2) Guidance

Not later than 12 months after November 15, 1990, the

Administrator shall publish guidance that would be useful to the

States in developing programs for submittal under this

subsection. The guidance shall also provide for the registration

of all facilities producing, processing, handling or storing any

substance listed pursuant to subsection (r) of this section in

amounts greater than the threshold quantity. The Administrator

shall include as an element in such guidance an optional program

begun in 1986 for the review of high-risk point sources of air

pollutants including, but not limited to, hazardous air

pollutants listed pursuant to subsection (b) of this section.

(3) Technical assistance

The Administrator shall establish and maintain an air toxics

clearinghouse and center to provide technical information and

assistance to State and local agencies and, on a cost recovery

basis, to others on control technology, health and ecological

risk assessment, risk analysis, ambient monitoring and modeling,

and emissions measurement and monitoring. The Administrator shall

use the authority of section 7403 of this title to examine

methods for preventing, measuring, and controlling emissions and

evaluating associated health and ecological risks. Where

appropriate, such activity shall be conducted with not-for-profit

organizations. The Administrator may conduct research on methods

for preventing, measuring and controlling emissions and

evaluating associated health and environment risks. All

information collected under this paragraph shall be available to

the public.

(4) Grants

Upon application of a State, the Administrator may make grants,

subject to such terms and conditions as the Administrator deems

appropriate, to such State for the purpose of assisting the State

in developing and implementing a program for submittal and

approval under this subsection. Programs assisted under this

paragraph may include program elements addressing air pollutants

or extremely hazardous substances other than those specifically

subject to this section. Grants under this paragraph may include

support for high-risk point source review as provided in

paragraph (2) and support for the development and implementation

of areawide area source programs pursuant to subsection (k) of

this section.

(5) Approval or disapproval

Not later than 180 days after receiving a program submitted by

a State, and after notice and opportunity for public comment, the

Administrator shall either approve or disapprove such program.

The Administrator shall disapprove any program submitted by a

State, if the Administrator determines that -

(A) the authorities contained in the program are not adequate

to assure compliance by all sources within the State with each

applicable standard, regulation or requirement established by

the Administrator under this section;

(B) adequate authority does not exist, or adequate resources

are not available, to implement the program;

(C) the schedule for implementing the program and assuring

compliance by affected sources is not sufficiently expeditious;

or

(D) the program is otherwise not in compliance with the

guidance issued by the Administrator under paragraph (2) or is

not likely to satisfy, in whole or in part, the objectives of

this chapter.

If the Administrator disapproves a State program, the

Administrator shall notify the State of any revisions or

modifications necessary to obtain approval. The State may revise

and resubmit the proposed program for review and approval

pursuant to the provisions of this subsection.

(6) Withdrawal

Whenever the Administrator determines, after public hearing,

that a State is not administering and enforcing a program

approved pursuant to this subsection in accordance with the

guidance published pursuant to paragraph (2) or the requirements

of paragraph (5), the Administrator shall so notify the State

and, if action which will assure prompt compliance is not taken

within 90 days, the Administrator shall withdraw approval of the

program. The Administrator shall not withdraw approval of any

program unless the State shall have been notified and the reasons

for withdrawal shall have been stated in writing and made public.

(7) Authority to enforce

Nothing in this subsection shall prohibit the Administrator

from enforcing any applicable emission standard or requirement

under this section.

(8) Local program

The Administrator may, after notice and opportunity for public

comment, approve a program developed and submitted by a local air

pollution control agency (after consultation with the State)

pursuant to this subsection and any such agency implementing an

approved program may take any action authorized to be taken by a

State under this section.

(9) Permit authority

Nothing in this subsection shall affect the authorities and

obligations of the Administrator or the State under subchapter V

of this chapter.

(m) Atmospheric deposition to Great Lakes and coastal waters

(1) Deposition assessment

The Administrator, in cooperation with the Under Secretary of

Commerce for Oceans and Atmosphere, shall conduct a program to

identify and assess the extent of atmospheric deposition of

hazardous air pollutants (and in the discretion of the

Administrator, other air pollutants) to the Great Lakes, the

Chesapeake Bay, Lake Champlain and coastal waters. As part of

such program, the Administrator shall -

(A) monitor the Great Lakes, the Chesapeake Bay, Lake

Champlain and coastal waters, including monitoring of the Great

Lakes through the monitoring network established pursuant to

paragraph (2) of this subsection and designing and deploying an

atmospheric monitoring network for coastal waters pursuant to

paragraph (4);

(B) investigate the sources and deposition rates of

atmospheric deposition of air pollutants (and their atmospheric

transformation precursors);

(C) conduct research to develop and improve monitoring

methods and to determine the relative contribution of

atmospheric pollutants to total pollution loadings to the Great

Lakes, the Chesapeake Bay, Lake Champlain, and coastal waters;

(D) evaluate any adverse effects to public health or the

environment caused by such deposition (including effects

resulting from indirect exposure pathways) and assess the

contribution of such deposition to violations of water quality

standards established pursuant to the Federal Water Pollution

Control Act [33 U.S.C. 1251 et seq.] and drinking water

standards established pursuant to the Safe Drinking Water Act

[42 U.S.C. 300f et seq.]; and

(E) sample for such pollutants in biota, fish, and wildlife

of the Great Lakes, the Chesapeake Bay, Lake Champlain and

coastal waters and characterize the sources of such pollutants.

(2) Great Lakes monitoring network

The Administrator shall oversee, in accordance with Annex 15 of

the Great Lakes Water Quality Agreement, the establishment and

operation of a Great Lakes atmospheric deposition network to

monitor atmospheric deposition of hazardous air pollutants (and

in the Administrator's discretion, other air pollutants) to the

Great Lakes.

(A) As part of the network provided for in this paragraph,

and not later than December 31, 1991, the Administrator shall

establish in each of the 5 Great Lakes at least 1 facility

capable of monitoring the atmospheric deposition of hazardous

air pollutants in both dry and wet conditions.

(B) The Administrator shall use the data provided by the

network to identify and track the movement of hazardous air

pollutants through the Great Lakes, to determine the portion of

water pollution loadings attributable to atmospheric deposition

of such pollutants, and to support development of remedial

action plans and other management plans as required by the

Great Lakes Water Quality Agreement.

(C) The Administrator shall assure that the data collected by

the Great Lakes atmospheric deposition monitoring network is in

a format compatible with databases sponsored by the

International Joint Commission, Canada, and the several States

of the Great Lakes region.

(3) Monitoring for the Chesapeake Bay and Lake Champlain

The Administrator shall establish at the Chesapeake Bay and

Lake Champlain atmospheric deposition stations to monitor

deposition of hazardous air pollutants (and in the

Administrator's discretion, other air pollutants) within the

Chesapeake Bay and Lake Champlain watersheds. The Administrator

shall determine the role of air deposition in the pollutant

loadings of the Chesapeake Bay and Lake Champlain, investigate

the sources of air pollutants deposited in the watersheds,

evaluate the health and environmental effects of such pollutant

loadings, and shall sample such pollutants in biota, fish and

wildlife within the watersheds, as necessary to characterize such

effects.

(4) Monitoring for coastal waters

The Administrator shall design and deploy atmospheric

deposition monitoring networks for coastal waters and their

watersheds and shall make any information collected through such

networks available to the public. As part of this effort, the

Administrator shall conduct research to develop and improve

deposition monitoring methods, and to determine the relative

contribution of atmospheric pollutants to pollutant loadings. For

purposes of this subsection, "coastal waters" shall mean

estuaries selected pursuant to section 320(a)(2)(A) of the

Federal Water Pollution Control Act [33 U.S.C. 1330(a)(2)(A)] or

listed pursuant to section 320(a)(2)(B) of such Act [33 U.S.C.

1330(a)(2)(B)] or estuarine research reserves designated pursuant

to section 1461 of title 16.

(5) Report

Within 3 years of November 15, 1990, and biennially thereafter,

the Administrator, in cooperation with the Under Secretary of

Commerce for Oceans and Atmosphere, shall submit to the Congress

a report on the results of any monitoring, studies, and

investigations conducted pursuant to this subsection. Such report

shall include, at a minimum, an assessment of -

(A) the contribution of atmospheric deposition to pollution

loadings in the Great Lakes, the Chesapeake Bay, Lake Champlain

and coastal waters;

(B) the environmental and public health effects of any

pollution which is attributable to atmospheric deposition to

the Great Lakes, the Chesapeake Bay, Lake Champlain and coastal

waters;

(C) the source or sources of any pollution to the Great

Lakes, the Chesapeake Bay, Lake Champlain and coastal waters

which is attributable to atmospheric deposition;

(D) whether pollution loadings in the Great Lakes, the

Chesapeake Bay, Lake Champlain or coastal waters cause or

contribute to exceedances of drinking water standards pursuant

to the Safe Drinking Water Act [42 U.S.C. 300f et seq.] or

water quality standards pursuant to the Federal Water Pollution

Control Act [33 U.S.C. 1251 et seq.] or, with respect to the

Great Lakes, exceedances of the specific objectives of the

Great Lakes Water Quality Agreement; and

(E) a description of any revisions of the requirements,

standards, and limitations pursuant to this chapter and other

applicable Federal laws as are necessary to assure protection

of human health and the environment.

(6) Additional regulation

As part of the report to Congress, the Administrator shall

determine whether the other provisions of this section are

adequate to prevent serious adverse effects to public health and

serious or widespread environmental effects, including such

effects resulting from indirect exposure pathways, associated

with atmospheric deposition to the Great Lakes, the Chesapeake

Bay, Lake Champlain and coastal waters of hazardous air

pollutants (and their atmospheric transformation products). The

Administrator shall take into consideration the tendency of such

pollutants to bioaccumulate. Within 5 years after November 15,

1990, the Administrator shall, based on such report and

determination, promulgate, in accordance with this section, such

further emission standards or control measures as may be

necessary and appropriate to prevent such effects, including

effects due to bioaccumulation and indirect exposure pathways.

Any requirements promulgated pursuant to this paragraph with

respect to coastal waters shall only apply to the coastal waters

of the States which are subject to section 7627(a) of this title.

(n) Other provisions

(1) Electric utility steam generating units

(A) The Administrator shall perform a study of the hazards to

public health reasonably anticipated to occur as a result of

emissions by electric utility steam generating units of

pollutants listed under subsection (b) of this section after

imposition of the requirements of this chapter. The Administrator

shall report the results of this study to the Congress within 3

years after November 15, 1990. The Administrator shall develop

and describe in the Administrator's report to Congress

alternative control strategies for emissions which may warrant

regulation under this section. The Administrator shall regulate

electric utility steam generating units under this section, if

the Administrator finds such regulation is appropriate and

necessary after considering the results of the study required by

this subparagraph.

(B) The Administrator shall conduct, and transmit to the

Congress not later than 4 years after November 15, 1990, a study

of mercury emissions from electric utility steam generating

units, municipal waste combustion units, and other sources,

including area sources. Such study shall consider the rate and

mass of such emissions, the health and environmental effects of

such emissions, technologies which are available to control such

emissions, and the costs of such technologies.

(C) The National Institute of Environmental Health Sciences

shall conduct, and transmit to the Congress not later than 3

years after November 15, 1990, a study to determine the threshold

level of mercury exposure below which adverse human health

effects are not expected to occur. Such study shall include a

threshold for mercury concentrations in the tissue of fish which

may be consumed (including consumption by sensitive populations)

without adverse effects to public health.

(2) Coke oven production technology study

(A) The Secretary of the Department of Energy and the

Administrator shall jointly undertake a 6-year study to assess

coke oven production emission control technologies and to assist

in the development and commercialization of technically

practicable and economically viable control technologies which

have the potential to significantly reduce emissions of hazardous

air pollutants from coke oven production facilities. In

identifying control technologies, the Secretary and the

Administrator shall consider the range of existing coke oven

operations and battery design and the availability of sources of

materials for such coke ovens as well as alternatives to existing

coke oven production design.

(B) The Secretary and the Administrator are authorized to enter

into agreements with persons who propose to develop, install and

operate coke production emission control technologies which have

the potential for significant emissions reductions of hazardous

air pollutants provided that Federal funds shall not exceed 50

per centum of the cost of any project assisted pursuant to this

paragraph.

(C) On completion of the study, the Secretary shall submit to

Congress a report on the results of the study and shall make

recommendations to the Administrator identifying practicable and

economically viable control technologies for coke oven production

facilities to reduce residual risks remaining after

implementation of the standard under subsection (d) of this

section.

(D) There are authorized to be appropriated $5,000,000 for each

of the fiscal years 1992 through 1997 to carry out the program

authorized by this paragraph.

(3) Publicly owned treatment works

The Administrator may conduct, in cooperation with the owners

and operators of publicly owned treatment works, studies to

characterize emissions of hazardous air pollutants emitted by

such facilities, to identify industrial, commercial and

residential discharges that contribute to such emissions and to

demonstrate control measures for such emissions. When

promulgating any standard under this section applicable to

publicly owned treatment works, the Administrator may provide for

control measures that include pretreatment of discharges causing

emissions of hazardous air pollutants and process or product

substitutions or limitations that may be effective in reducing

such emissions. The Administrator may prescribe uniform sampling,

modeling and risk assessment methods for use in implementing this

subsection.

(4) Oil and gas wells; pipeline facilities

(A) Notwithstanding the provisions of subsection (a) of this

section, emissions from any oil or gas exploration or production

well (with its associated equipment) and emissions from any

pipeline compressor or pump station shall not be aggregated with

emissions from other similar units, whether or not such units are

in a contiguous area or under common control, to determine

whether such units or stations are major sources, and in the case

of any oil or gas exploration or production well (with its

associated equipment), such emissions shall not be aggregated for

any purpose under this section.

(B) The Administrator shall not list oil and gas production

wells (with its associated equipment) as an area source category

under subsection (c) of this section, except that the

Administrator may establish an area source category for oil and

gas production wells located in any metropolitan statistical area

or consolidated metropolitan statistical area with a population

in excess of 1 million, if the Administrator determines that

emissions of hazardous air pollutants from such wells present

more than a negligible risk of adverse effects to public health.

(5) Hydrogen sulfide

The Administrator is directed to assess the hazards to public

health and the environment resulting from the emission of

hydrogen sulfide associated with the extraction of oil and

natural gas resources. To the extent practicable, the assessment

shall build upon and not duplicate work conducted for an

assessment pursuant to section 8002(m) of the Solid Waste

Disposal Act [42 U.S.C. 6982(m)] and shall reflect consultation

with the States. The assessment shall include a review of

existing State and industry control standards, techniques and

enforcement. The Administrator shall report to the Congress

within 24 months after November 15, 1990, with the findings of

such assessment, together with any recommendations, and shall, as

appropriate, develop and implement a control strategy for

emissions of hydrogen sulfide to protect human health and the

environment, based on the findings of such assessment, using

authorities under this chapter including sections (!3) 7411 of

this title and this section.

(6) Hydrofluoric acid

Not later than 2 years after November 15, 1990, the

Administrator shall, for those regions of the country which do

not have comprehensive health and safety regulations with respect

to hydrofluoric acid, complete a study of the potential hazards

of hydrofluoric acid and the uses of hydrofluoric acid in

industrial and commercial applications to public health and the

environment considering a range of events including worst-case

accidental releases and shall make recommendations to the

Congress for the reduction of such hazards, if appropriate.

(7) RCRA facilities

In the case of any category or subcategory of sources the air

emissions of which are regulated under subtitle C of the Solid

Waste Disposal Act [42 U.S.C. 6921 et seq.], the Administrator

shall take into account any regulations of such emissions which

are promulgated under such subtitle and shall, to the maximum

extent practicable and consistent with the provisions of this

section, ensure that the requirements of such subtitle and this

section are consistent.

(o) National Academy of Sciences study

(1) Request of the Academy

Within 3 months of November 15, 1990, the Administrator shall

enter into appropriate arrangements with the National Academy of

Sciences to conduct a review of -

(A) risk assessment methodology used by the Environmental

Protection Agency to determine the carcinogenic risk associated

with exposure to hazardous air pollutants from source

categories and subcategories subject to the requirements of

this section; and

(B) improvements in such methodology.

(2) Elements to be studied

In conducting such review, the National Academy of Sciences

should consider, but not be limited to, the following -

(A) the techniques used for estimating and describing the

carcinogenic potency to humans of hazardous air pollutants; and

(B) the techniques used for estimating exposure to hazardous

air pollutants (for hypothetical and actual maximally exposed

individuals as well as other exposed individuals).

(3) Other health effects of concern

To the extent practicable, the Academy shall evaluate and

report on the methodology for assessing the risk of adverse human

health effects other than cancer for which safe thresholds of

exposure may not exist, including, but not limited to,

inheritable genetic mutations, birth defects, and reproductive

dysfunctions.

(4) Report

A report on the results of such review shall be submitted to

the Senate Committee on Environment and Public Works, the House

Committee on Energy and Commerce, the Risk Assessment and

Management Commission established by section 303 of the Clean Air

Act Amendments of 1990 and the Administrator not later than 30

months after November 15, 1990.

(5) Assistance

The Administrator shall assist the Academy in gathering any

information the Academy deems necessary to carry out this

subsection. The Administrator may use any authority under this

chapter to obtain information from any person, and to require any

person to conduct tests, keep and produce records, and make

reports respecting research or other activities conducted by such

person as necessary to carry out this subsection.

(6) Authorization

Of the funds authorized to be appropriated to the Administrator

by this chapter, such amounts as are required shall be available

to carry out this subsection.

(7) Guidelines for carcinogenic risk assessment

The Administrator shall consider, but need not adopt, the

recommendations contained in the report of the National Academy

of Sciences prepared pursuant to this subsection and the views of

the Science Advisory Board, with respect to such report. Prior to

the promulgation of any standard under subsection (f) of this

section, and after notice and opportunity for comment, the

Administrator shall publish revised Guidelines for Carcinogenic

Risk Assessment or a detailed explanation of the reasons that any

recommendations contained in the report of the National Academy

of Sciences will not be implemented. The publication of such

revised Guidelines shall be a final Agency action for purposes of

section 7607 of this title.

(p) Mickey Leland National Urban Air Toxics Research Center

(1) Establishment

The Administrator shall oversee the establishment of a National

Urban Air Toxics Research Center, to be located at a university,

a hospital, or other facility capable of undertaking and

maintaining similar research capabilities in the areas of

epidemiology, oncology, toxicology, pulmonary medicine,

pathology, and biostatistics. The center shall be known as the

Mickey Leland National Urban Air Toxics Research Center. The

geographic site of the National Urban Air Toxics Research Center

should be further directed to Harris County, Texas, in order to

take full advantage of the well developed scientific community

presence on-site at the Texas Medical Center as well as the

extensive data previously compiled for the comprehensive

monitoring system currently in place.

(2) Board of Directors

The National Urban Air Toxics Research Center shall be governed

by a Board of Directors to be comprised of 9 members, the

appointment of which shall be allocated pro rata among the

Speaker of the House, the Majority Leader of the Senate and the

President. The members of the Board of Directors shall be

selected based on their respective academic and professional

backgrounds and expertise in matters relating to public health,

environmental pollution and industrial hygiene. The duties of the

Board of Directors shall be to determine policy and research

guidelines, submit views from center sponsors and the public and

issue periodic reports of center findings and activities.

(3) Scientific Advisory Panel

The Board of Directors shall be advised by a Scientific

Advisory Panel, the 13 members of which shall be appointed by the

Board, and to include eminent members of the scientific and

medical communities. The Panel membership may include scientists

with relevant experience from the National Institute of

Environmental Health Sciences, the Center for Disease Control,

the Environmental Protection Agency, the National Cancer

Institute, and others, and the Panel shall conduct peer review

and evaluate research results. The Panel shall assist the Board

in developing the research agenda, reviewing proposals and

applications, and advise on the awarding of research grants.

(4) Funding

The center shall be established and funded with both Federal

and private source funds.

(q) Savings provision

(1) Standards previously promulgated

Any standard under this section in effect before the date of

enactment of the Clean Air Act Amendments of 1990 [November 15,

1990] shall remain in force and effect after such date unless

modified as provided in this section before the date of enactment

of such Amendments or under such Amendments. Except as provided

in paragraph (4), any standard under this section which has been

promulgated, but has not taken effect, before such date shall not

be affected by such Amendments unless modified as provided in

this section before such date or under such Amendments. Each such

standard shall be reviewed and, if appropriate, revised, to

comply with the requirements of subsection (d) of this section

within 10 years after the date of enactment of the Clean Air Act

Amendments of 1990. If a timely petition for review of any such

standard under section 7607 of this title is pending on such date

of enactment, the standard shall be upheld if it complies with

this section as in effect before that date. If any such standard

is remanded to the Administrator, the Administrator may in the

Administrator's discretion apply either the requirements of this

section, or those of this section as in effect before the date of

enactment of the Clean Air Act Amendments of 1990.

(2) Special rule

Notwithstanding paragraph (1), no standard shall be established

under this section, as amended by the Clean Air Act Amendments of

1990, for radionuclide emissions from (A) elemental phosphorous

plants, (B) grate calcination elemental phosphorous plants, (C)

phosphogypsum stacks, or (D) any subcategory of the foregoing.

This section, as in effect prior to the date of enactment of the

Clean Air Act Amendments of 1990 [November 15, 1990], shall

remain in effect for radionuclide emissions from such plants and

stacks.

(3) Other categories

Notwithstanding paragraph (1), this section, as in effect prior

to the date of enactment of the Clean Air Act Amendments of 1990

[November 15, 1990], shall remain in effect for radionuclide

emissions from non-Department of Energy Federal facilities that

are not licensed by the Nuclear Regulatory Commission, coal-fired

utility and industrial boilers, underground uranium mines,

surface uranium mines, and disposal of uranium mill tailings

piles, unless the Administrator, in the Administrator's

discretion, applies the requirements of this section as modified

by the Clean Air Act Amendments of 1990 to such sources of

radionuclides.

(4) Medical facilities

Notwithstanding paragraph (1), no standard promulgated under

this section prior to November 15, 1990, with respect to medical

research or treatment facilities shall take effect for two years

following November 15, 1990, unless the Administrator makes a

determination pursuant to a rulemaking under subsection (d)(9) of

this section. If the Administrator determines that the regulatory

program established by the Nuclear Regulatory Commission for such

facilities does not provide an ample margin of safety to protect

public health, the requirements of this section shall fully apply

to such facilities. If the Administrator determines that such

regulatory program does provide an ample margin of safety to

protect the public health, the Administrator is not required to

promulgate a standard under this section for such facilities, as

provided in subsection (d)(9) of this section.

(r) Prevention of accidental releases

(1) Purpose and general duty

It shall be the objective of the regulations and programs

authorized under this subsection to prevent the accidental

release and to minimize the consequences of any such release of

any substance listed pursuant to paragraph (3) or any other

extremely hazardous substance. The owners and operators of

stationary sources producing, processing, handling or storing

such substances have a general duty in the same manner and to the

same extent as section 654 of title 29 to identify hazards which

may result from such releases using appropriate hazard assessment

techniques, to design and maintain a safe facility taking such

steps as are necessary to prevent releases, and to minimize the

consequences of accidental releases which do occur. For purposes

of this paragraph, the provisions of section 7604 of this title

shall not be available to any person or otherwise be construed to

be applicable to this paragraph. Nothing in this section shall be

interpreted, construed, implied or applied to create any

liability or basis for suit for compensation for bodily injury or

any other injury or property damages to any person which may

result from accidental releases of such substances.

(2) Definitions

(A) The term "accidental release" means an unanticipated

emission of a regulated substance or other extremely hazardous

substance into the ambient air from a stationary source.

(B) The term "regulated substance" means a substance listed

under paragraph (3).

(C) The term "stationary source" means any buildings,

structures, equipment, installations or substance emitting

stationary activities (i) which belong to the same industrial

group, (ii) which are located on one or more contiguous

properties, (iii) which are under the control of the same person

(or persons under common control), and (iv) from which an

accidental release may occur.

(D) The term "retail facility" means a stationary source at

which more than one-half of the income is obtained from direct

sales to end users or at which more than one-half of the fuel

sold, by volume, is sold through a cylinder exchange program.

(3) List of substances

The Administrator shall promulgate not later than 24 months

after November 15, 1990, an initial list of 100 substances which,

in the case of an accidental release, are known to cause or may

reasonably be anticipated to cause death, injury, or serious

adverse effects to human health or the environment. For purposes

of promulgating such list, the Administrator shall use, but is

not limited to, the list of extremely hazardous substances

published under the Emergency Planning and Community

Right-to-Know Act of 1986 [42 U.S.C. 11001 et seq.], with such

modifications as the Administrator deems appropriate. The initial

list shall include chlorine, anhydrous ammonia, methyl chloride,

ethylene oxide, vinyl chloride, methyl isocyanate, hydrogen

cyanide, ammonia, hydrogen sulfide, toluene diisocyanate,

phosgene, bromine, anhydrous hydrogen chloride, hydrogen

fluoride, anhydrous sulfur dioxide, and sulfur trioxide. The

initial list shall include at least 100 substances which pose the

greatest risk of causing death, injury, or serious adverse

effects to human health or the environment from accidental

releases. Regulations establishing the list shall include an

explanation of the basis for establishing the list. The list may

be revised from time to time by the Administrator on the

Administrator's own motion or by petition and shall be reviewed

at least every 5 years. No air pollutant for which a national

primary ambient air quality standard has been established shall

be included on any such list. No substance, practice, process, or

activity regulated under subchapter VI of this chapter shall be

subject to regulations under this subsection. The Administrator

shall establish procedures for the addition and deletion of

substances from the list established under this paragraph

consistent with those applicable to the list in subsection (b) of

this section.

(4) Factors to be considered

In listing substances under paragraph (3), the Administrator -

(A) shall consider -

(i) the severity of any acute adverse health effects

associated with accidental releases of the substance;

(ii) the likelihood of accidental releases of the

substance; and

(iii) the potential magnitude of human exposure to

accidental releases of the substance; and

(B) shall not list a flammable substance when used as a fuel

or held for sale as a fuel at a retail facility under this

subsection solely because of the explosive or flammable

properties of the substance, unless a fire or explosion caused

by the substance will result in acute adverse health effects

from human exposure to the substance, including the unburned

fuel or its combustion byproducts, other than those caused by

the heat of the fire or impact of the explosion.

(5) Threshold quantity

At the time any substance is listed pursuant to paragraph (3),

the Administrator shall establish by rule, a threshold quantity

for the substance, taking into account the toxicity, reactivity,

volatility, dispersibility, combustibility, or flammability of

the substance and the amount of the substance which, as a result

of an accidental release, is known to cause or may reasonably be

anticipated to cause death, injury or serious adverse effects to

human health for which the substance was listed. The

Administrator is authorized to establish a greater threshold

quantity for, or to exempt entirely, any substance that is a

nutrient used in agriculture when held by a farmer.

(6) Chemical Safety Board

(A) There is hereby established an independent safety board to

be known as the Chemical Safety and Hazard Investigation Board.

(B) The Board shall consist of 5 members, including a

Chairperson, who shall be appointed by the President, by and with

the advice and consent of the Senate. Members of the Board shall

be appointed on the basis of technical qualification,

professional standing, and demonstrated knowledge in the fields

of accident reconstruction, safety engineering, human factors,

toxicology, or air pollution regulation. The terms of office of

members of the Board shall be 5 years. Any member of the Board,

including the Chairperson, may be removed for inefficiency,

neglect of duty, or malfeasance in office. The Chairperson shall

be the Chief Executive Officer of the Board and shall exercise

the executive and administrative functions of the Board.

(C) The Board shall -

(i) investigate (or cause to be investigated), determine and

report to the public in writing the facts, conditions, and

circumstances and the cause or probable cause of any accidental

release resulting in a fatality, serious injury or substantial

property damages;

(ii) issue periodic reports to the Congress, Federal, State

and local agencies, including the Environmental Protection

Agency and the Occupational Safety and Health Administration,

concerned with the safety of chemical production, processing,

handling and storage, and other interested persons recommending

measures to reduce the likelihood or the consequences of

accidental releases and proposing corrective steps to make

chemical production, processing, handling and storage as safe

and free from risk of injury as is possible and may include in

such reports proposed rules or orders which should be issued by

the Administrator under the authority of this section or the

Secretary of Labor under the Occupational Safety and Health Act

[29 U.S.C. 651 et seq.] to prevent or minimize the consequences

of any release of substances that may cause death, injury or

other serious adverse effects on human health or substantial

property damage as the result of an accidental release; and

(iii) establish by regulation requirements binding on persons

for reporting accidental releases into the ambient air subject

to the Board's investigatory jurisdiction. Reporting releases

to the National Response Center, in lieu of the Board directly,

shall satisfy such regulations. The National Response Center

shall promptly notify the Board of any releases which are

within the Board's jurisdiction.

(D) The Board may utilize the expertise and experience of other

agencies.

(E) The Board shall coordinate its activities with

investigations and studies conducted by other agencies of the

United States having a responsibility to protect public health

and safety. The Board shall enter into a memorandum of

understanding with the National Transportation Safety Board to

assure coordination of functions and to limit duplication of

activities which shall designate the National Transportation

Safety Board as the lead agency for the investigation of releases

which are transportation related. The Board shall not be

authorized to investigate marine oil spills, which the National

Transportation Safety Board is authorized to investigate. The

Board shall enter into a memorandum of understanding with the

Occupational Safety and Health Administration so as to limit

duplication of activities. In no event shall the Board forego an

investigation where an accidental release causes a fatality or

serious injury among the general public, or had the potential to

cause substantial property damage or a number of deaths or

injuries among the general public.

(F) The Board is authorized to conduct research and studies

with respect to the potential for accidental releases, whether or

not an accidental release has occurred, where there is evidence

which indicates the presence of a potential hazard or hazards. To

the extent practicable, the Board shall conduct such studies in

cooperation with other Federal agencies having emergency response

authorities, State and local governmental agencies and

associations and organizations from the industrial, commercial,

and nonprofit sectors.

(G) No part of the conclusions, findings, or recommendations of

the Board relating to any accidental release or the investigation

thereof shall be admitted as evidence or used in any action or

suit for damages arising out of any matter mentioned in such

report.

(H) Not later than 18 months after November 15, 1990, the Board

shall publish a report accompanied by recommendations to the

Administrator on the use of hazard assessments in preventing the

occurrence and minimizing the consequences of accidental releases

of extremely hazardous substances. The recommendations shall

include a list of extremely hazardous substances which are not

regulated substances (including threshold quantities for such

substances) and categories of stationary sources for which hazard

assessments would be an appropriate measure to aid in the

prevention of accidental releases and to minimize the

consequences of those releases that do occur. The recommendations

shall also include a description of the information and analysis

which would be appropriate to include in any hazard assessment.

The Board shall also make recommendations with respect to the

role of risk management plans as required by paragraph (8)(B)

(!4) in preventing accidental releases. The Board may from time

to time review and revise its recommendations under this

subparagraph.

(I) Whenever the Board submits a recommendation with respect to

accidental releases to the Administrator, the Administrator shall

respond to such recommendation formally and in writing not later

than 180 days after receipt thereof. The response to the Board's

recommendation by the Administrator shall indicate whether the

Administrator will -

(i) initiate a rulemaking or issue such orders as are

necessary to implement the recommendation in full or in part,

pursuant to any timetable contained in the recommendation;

(ii) decline to initiate a rulemaking or issue orders as

recommended.

Any determination by the Administrator not to implement a

recommendation of the Board or to implement a recommendation only

in part, including any variation from the schedule contained in

the recommendation, shall be accompanied by a statement from the

Administrator setting forth the reasons for such determination.

(J) The Board may make recommendations with respect to

accidental releases to the Secretary of Labor. Whenever the Board

submits such recommendation, the Secretary shall respond to such

recommendation formally and in writing not later than 180 days

after receipt thereof. The response to the Board's recommendation

by the Administrator shall indicate whether the Secretary will -

(i) initiate a rulemaking or issue such orders as are

necessary to implement the recommendation in full or in part,

pursuant to any timetable contained in the recommendation;

(ii) decline to initiate a rulemaking or issue orders as

recommended.

Any determination by the Secretary not to implement a

recommendation or to implement a recommendation only in part,

including any variation from the schedule contained in the

recommendation, shall be accompanied by a statement from the

Secretary setting forth the reasons for such determination.

(K) Within 2 years after November 15, 1990, the Board shall

issue a report to the Administrator of the Environmental

Protection Agency and to the Administrator of the Occupational

Safety and Health Administration recommending the adoption of

regulations for the preparation of risk management plans and

general requirements for the prevention of accidental releases of

regulated substances into the ambient air (including

recommendations for listing substances under paragraph (3)) and

for the mitigation of the potential adverse effect on human

health or the environment as a result of accidental releases

which should be applicable to any stationary source handling any

regulated substance in more than threshold amounts. The Board may

include proposed rules or orders which should be issued by the

Administrator under authority of this subsection or by the

Secretary of Labor under the Occupational Safety and Health Act

[29 U.S.C. 651 et seq.]. Any such recommendations shall be

specific and shall identify the regulated substance or class of

regulated substances (or other substances) to which the

recommendations apply. The Administrator shall consider such

recommendations before promulgating regulations required by

paragraph (7)(B).

(L) The Board, or upon authority of the Board, any member

thereof, any administrative law judge employed by or assigned to

the Board, or any officer or employee duly designated by the

Board, may for the purpose of carrying out duties authorized by

subparagraph (C) -

(i) hold such hearings, sit and act at such times and places,

administer such oaths, and require by subpoena or otherwise

attendance and testimony of such witnesses and the production

of evidence and may require by order that any person engaged in

the production, processing, handling, or storage of extremely

hazardous substances submit written reports and responses to

requests and questions within such time and in such form as the

Board may require; and

(ii) upon presenting appropriate credentials and a written

notice of inspection authority, enter any property where an

accidental release causing a fatality, serious injury or

substantial property damage has occurred and do all things

therein necessary for a proper investigation pursuant to

subparagraph (C) and inspect at reasonable times records,

files, papers, processes, controls, and facilities and take

such samples as are relevant to such investigation.

Whenever the Administrator or the Board conducts an inspection of

a facility pursuant to this subsection, employees and their

representatives shall have the same rights to participate in such

inspections as provided in the Occupational Safety and Health Act

[29 U.S.C. 651 et seq.].

(M) In addition to that described in subparagraph (L), the

Board may use any information gathering authority of the

Administrator under this chapter, including the subpoena power

provided in section 7607(a)(1) of this title.

(N) The Board is authorized to establish such procedural and

administrative rules as are necessary to the exercise of its

functions and duties. The Board is authorized without regard to

section 5 of title 41 to enter into contracts, leases,

cooperative agreements or other transactions as may be necessary

in the conduct of the duties and functions of the Board with any

other agency, institution, or person.

(O) After the effective date of any reporting requirement

promulgated pursuant to subparagraph (C)(iii) it shall be

unlawful for any person to fail to report any release of any

extremely hazardous substance as required by such subparagraph.

The Administrator is authorized to enforce any regulation or

requirements established by the Board pursuant to subparagraph

(C)(iii) using the authorities of sections 7413 and 7414 of this

title. Any request for information from the owner or operator of

a stationary source made by the Board or by the Administrator

under this section shall be treated, for purposes of sections

7413, 7414, 7416, 7420, 7603, 7604 and 7607 of this title and any

other enforcement provisions of this chapter, as a request made

by the Administrator under section 7414 of this title and may be

enforced by the Chairperson of the Board or by the Administrator

as provided in such section.

(P) The Administrator shall provide to the Board such support

and facilities as may be necessary for operation of the Board.

(Q) Consistent with subsection (!5) (G) and section 7414(c) of

this title any records, reports or information obtained by the

Board shall be available to the Administrator, the Secretary of

Labor, the Congress and the public, except that upon a showing

satisfactory to the Board by any person that records, reports, or

information, or particular part thereof (other than release or

emissions data) to which the Board has access, if made public, is

likely to cause substantial harm to the person's competitive

position, the Board shall consider such record, report, or

information or particular portion thereof confidential in

accordance with section 1905 of title 18, except that such

record, report, or information may be disclosed to other

officers, employees, and authorized representatives of the United

States concerned with carrying out this chapter or when relevant

under any proceeding under this chapter. This subparagraph does

not constitute authority to withhold records, reports, or

information from the Congress.

(R) Whenever the Board submits or transmits any budget

estimate, budget request, supplemental budget request, or other

budget information, legislative recommendation, prepared

testimony for congressional hearings, recommendation or study to

the President, the Secretary of Labor, the Administrator, or the

Director of the Office of Management and Budget, it shall

concurrently transmit a copy thereof to the Congress. No report

of the Board shall be subject to review by the Administrator or

any Federal agency or to judicial review in any court. No officer

or agency of the United States shall have authority to require

the Board to submit its budget requests or estimates, legislative

recommendations, prepared testimony, comments, recommendations or

reports to any officer or agency of the United States for

approval or review prior to the submission of such

recommendations, testimony, comments or reports to the Congress.

In the performance of their functions as established by this

chapter, the members, officers and employees of the Board shall

not be responsible to or subject to supervision or direction, in

carrying out any duties under this subsection, of any officer or

employee or agent of the Environmental Protection Agency, the

Department of Labor or any other agency of the United States

except that the President may remove any member, officer or

employee of the Board for inefficiency, neglect of duty or

malfeasance in office. Nothing in this section shall affect the

application of title 5 to officers or employees of the Board.

(S) The Board shall submit an annual report to the President

and to the Congress which shall include, but not be limited to,

information on accidental releases which have been investigated

by or reported to the Board during the previous year,

recommendations for legislative or administrative action which

the Board has made, the actions which have been taken by the

Administrator or the Secretary of Labor or the heads of other

agencies to implement such recommendations, an identification of

priorities for study and investigation in the succeeding year,

progress in the development of risk-reduction technologies and

the response to and implementation of significant research

findings on chemical safety in the public and private sector.

(7) Accident prevention

(A) In order to prevent accidental releases of regulated

substances, the Administrator is authorized to promulgate release

prevention, detection, and correction requirements which may

include monitoring, record-keeping, reporting, training, vapor

recovery, secondary containment, and other design, equipment,

work practice, and operational requirements. Regulations

promulgated under this paragraph may make distinctions between

various types, classes, and kinds of facilities, devices and

systems taking into consideration factors including, but not

limited to, the size, location, process, process controls,

quantity of substances handled, potency of substances, and

response capabilities present at any stationary source.

Regulations promulgated pursuant to this subparagraph shall have

an effective date, as determined by the Administrator, assuring

compliance as expeditiously as practicable.

(B)(i) Within 3 years after November 15, 1990, the

Administrator shall promulgate reasonable regulations and

appropriate guidance to provide, to the greatest extent

practicable, for the prevention and detection of accidental

releases of regulated substances and for response to such

releases by the owners or operators of the sources of such

releases. The Administrator shall utilize the expertise of the

Secretaries of Transportation and Labor in promulgating such

regulations. As appropriate, such regulations shall cover the

use, operation, repair, replacement, and maintenance of equipment

to monitor, detect, inspect, and control such releases, including

training of persons in the use and maintenance of such equipment

and in the conduct of periodic inspections. The regulations shall

include procedures and measures for emergency response after an

accidental release of a regulated substance in order to protect

human health and the environment. The regulations shall cover

storage, as well as operations. The regulations shall, as

appropriate, recognize differences in size, operations,

processes, class and categories of sources and the voluntary

actions of such sources to prevent such releases and respond to

such releases. The regulations shall be applicable to a

stationary source 3 years after the date of promulgation, or 3

years after the date on which a regulated substance present at

the source in more than threshold amounts is first listed under

paragraph (3), whichever is later.

(ii) The regulations under this subparagraph shall require the

owner or operator of stationary sources at which a regulated

substance is present in more than a threshold quantity to prepare

and implement a risk management plan to detect and prevent or

minimize accidental releases of such substances from the

stationary source, and to provide a prompt emergency response to

any such releases in order to protect human health and the

environment. Such plan shall provide for compliance with the

requirements of this subsection and shall also include each of

the following:

(I) a hazard assessment to assess the potential effects of an

accidental release of any regulated substance. This assessment

shall include an estimate of potential release quantities and a

determination of downwind effects, including potential

exposures to affected populations. Such assessment shall

include a previous release history of the past 5 years,

including the size, concentration, and duration of releases,

and shall include an evaluation of worst case accidental

releases;

(II) a program for preventing accidental releases of

regulated substances, including safety precautions and

maintenance, monitoring and employee training measures to be

used at the source; and

(III) a response program providing for specific actions to be

taken in response to an accidental release of a regulated

substance so as to protect human health and the environment,

including procedures for informing the public and local

agencies responsible for responding to accidental releases,

emergency health care, and employee training measures.

At the time regulations are promulgated under this subparagraph,

the Administrator shall promulgate guidelines to assist

stationary sources in the preparation of risk management plans.

The guidelines shall, to the extent practicable, include model

risk management plans.

(iii) The owner or operator of each stationary source covered

by clause (ii) shall register a risk management plan prepared

under this subparagraph with the Administrator before the

effective date of regulations under clause (i) in such form and

manner as the Administrator shall, by rule, require. Plans

prepared pursuant to this subparagraph shall also be submitted to

the Chemical Safety and Hazard Investigation Board, to the State

in which the stationary source is located, and to any local

agency or entity having responsibility for planning for or

responding to accidental releases which may occur at such source,

and shall be available to the public under section 7414(c) of

this title. The Administrator shall establish, by rule, an

auditing system to regularly review and, if necessary, require

revision in risk management plans to assure that the plans comply

with this subparagraph. Each such plan shall be updated

periodically as required by the Administrator, by rule.

(C) Any regulations promulgated pursuant to this subsection

shall to the maximum extent practicable, consistent with this

subsection, be consistent with the recommendations and standards

established by the American Society of Mechanical Engineers

(ASME), the American National Standards Institute (ANSI) or the

American Society of Testing Materials (ASTM). The Administrator

shall take into consideration the concerns of small business in

promulgating regulations under this subsection.

(D) In carrying out the authority of this paragraph, the

Administrator shall consult with the Secretary of Labor and the

Secretary of Transportation and shall coordinate any requirements

under this paragraph with any requirements established for

comparable purposes by the Occupational Safety and Health

Administration or the Department of Transportation. Nothing in

this subsection shall be interpreted, construed or applied to

impose requirements affecting, or to grant the Administrator, the

Chemical Safety and Hazard Investigation Board, or any other

agency any authority to regulate (including requirements for

hazard assessment), the accidental release of radionuclides

arising from the construction and operation of facilities

licensed by the Nuclear Regulatory Commission.

(E) After the effective date of any regulation or requirement

imposed under this subsection, it shall be unlawful for any

person to operate any stationary source subject to such

regulation or requirement in violation of such regulation or

requirement. Each regulation or requirement under this subsection

shall for purposes of sections 7413, 7414, 7416, 7420, 7604, and

7607 of this title and other enforcement provisions of this

chapter, be treated as a standard in effect under subsection (d)

of this section.

(F) Notwithstanding the provisions of subchapter V of this

chapter or this section, no stationary source shall be required

to apply for, or operate pursuant to, a permit issued under such

subchapter solely because such source is subject to regulations

or requirements under this subsection.

(G) In exercising any authority under this subsection, the

Administrator shall not, for purposes of section 653(b)(1) of

title 29, be deemed to be exercising statutory authority to

prescribe or enforce standards or regulations affecting

occupational safety and health.

(H) Public access to off-site consequence analysis information.

-

(i) Definitions. - In this subparagraph:

(I) Covered person. - The term "covered person" means -

(aa) an officer or employee of the United States;

(bb) an officer or employee of an agent or contractor of

the Federal Government;

(cc) an officer or employee of a State or local

government;

(dd) an officer or employee of an agent or contractor of

a State or local government;

(ee) an individual affiliated with an entity that has

been given, by a State or local government, responsibility

for preventing, planning for, or responding to accidental

releases;

(ff) an officer or employee or an agent or contractor of

an entity described in item (ee); and

(gg) a qualified researcher under clause (vii).

(II) Official use. - The term "official use" means an

action of a Federal, State, or local government agency or an

entity referred to in subclause (I)(ee) intended to carry out

a function relevant to preventing, planning for, or

responding to accidental releases.

(III) Off-site consequence analysis information. - The term

"off-site consequence analysis information" means those

portions of a risk management plan, excluding the executive

summary of the plan, consisting of an evaluation of 1 or more

worst-case release scenarios or alternative release

scenarios, and any electronic data base created by the

Administrator from those portions.

(IV) Risk management plan. - The term "risk management

plan" means a risk management plan submitted to the

Administrator by an owner or operator of a stationary source

under subparagraph (B)(iii).

(ii) Regulations. - Not later than 1 year after August 5,

1999, the President shall -

(I) assess -

(aa) the increased risk of terrorist and other criminal

activity associated with the posting of off-site

consequence analysis information on the Internet; and

(bb) the incentives created by public disclosure of

off-site consequence analysis information for reduction in

the risk of accidental releases; and

(II) based on the assessment under subclause (I),

promulgate regulations governing the distribution of off-site

consequence analysis information in a manner that, in the

opinion of the President, minimizes the likelihood of

accidental releases and the risk described in subclause

(I)(aa) and the likelihood of harm to public health and

welfare, and -

(aa) allows access by any member of the public to paper

copies of off-site consequence analysis information for a

limited number of stationary sources located anywhere in

the United States, without any geographical restriction;

(bb) allows other public access to off-site consequence

analysis information as appropriate;

(cc) allows access for official use by a covered person

described in any of items (cc) through (ff) of clause

(i)(I) (referred to in this subclause as a "State or local

covered person") to off-site consequence analysis

information relating to stationary sources located in the

person's State;

(dd) allows a State or local covered person to provide,

for official use, off-site consequence analysis information

relating to stationary sources located in the person's

State to a State or local covered person in a contiguous

State; and

(ee) allows a State or local covered person to obtain for

official use, by request to the Administrator, off-site

consequence analysis information that is not available to

the person under item (cc).

(iii) Availability under freedom of information act. -

(I) First year. - Off-site consequence analysis

information, and any ranking of stationary sources derived

from the information, shall not be made available under

section 552 of title 5 during the 1-year period beginning on

August 5, 1999.

(II) After first year. - If the regulations under clause

(ii) are promulgated on or before the end of the period

described in subclause (I), off-site consequence analysis

information covered by the regulations, and any ranking of

stationary sources derived from the information, shall not be

made available under section 552 of title 5 after the end of

that period.

(III) Applicability. - Subclauses (I) and (II) apply to

off-site consequence analysis information submitted to the

Administrator before, on, or after August 5, 1999.

(iv) Availability of information during transition period. -

The Administrator shall make off-site consequence analysis

information available to covered persons for official use in a

manner that meets the requirements of items (cc) through (ee)

of clause (ii)(II), and to the public in a form that does not

make available any information concerning the identity or

location of stationary sources, during the period -

(I) beginning on August 5, 1999; and

(II) ending on the earlier of the date of promulgation of

the regulations under clause (ii) or the date that is 1 year

after August 5, 1999.

(v) Prohibition on unauthorized disclosure of information by

covered persons. -

(I) In general. - Beginning on August 5, 1999, a covered

person shall not disclose to the public off-site consequence

analysis information in any form, or any statewide or

national ranking of identified stationary sources derived

from such information, except as authorized by this

subparagraph (including the regulations promulgated under

clause (ii)). After the end of the 1-year period beginning on

August 5, 1999, if regulations have not been promulgated

under clause (ii), the preceding sentence shall not apply.

(II) Criminal penalties. - Notwithstanding section 7413 of

this title, a covered person that willfully violates a

restriction or prohibition established by this subparagraph

(including the regulations promulgated under clause (ii))

shall, upon conviction, be fined for an infraction under

section 3571 of title 18 (but shall not be subject to

imprisonment) for each unauthorized disclosure of off-site

consequence analysis information, except that subsection (d)

of such section 3571 shall not apply to a case in which the

offense results in pecuniary loss unless the defendant knew

that such loss would occur. The disclosure of off-site

consequence analysis information for each specific stationary

source shall be considered a separate offense. The total of

all penalties that may be imposed on a single person or

organization under this item shall not exceed $1,000,000 for

violations committed during any 1 calendar year.

(III) Applicability. - If the owner or operator of a

stationary source makes off-site consequence analysis

information relating to that stationary source available to

the public without restriction -

(aa) subclauses (I) and (II) shall not apply with respect

to the information; and

(bb) the owner or operator shall notify the Administrator

of the public availability of the information.

(IV) List. - The Administrator shall maintain and make

publicly available a list of all stationary sources that have

provided notification under subclause (III)(bb).

(vi) Notice. - The Administrator shall provide notice of the

definition of official use as provided in clause (i)(III) and

examples of actions that would and would not meet that

definition, and notice of the restrictions on further

dissemination and the penalties established by this chapter to

each covered person who receives off-site consequence analysis

information under clause (iv) and each covered person who

receives off-site consequence analysis information for an

official use under the regulations promulgated under clause

(ii).

(vii) Qualified researchers. -

(I) In general. - Not later than 180 days after August 5,

1999, the Administrator, in consultation with the Attorney

General, shall develop and implement a system for providing

off-site consequence analysis information, including facility

identification, to any qualified researcher, including a

qualified researcher from industry or any public interest

group.

(II) Limitation on dissemination. - The system shall not

allow the researcher to disseminate, or make available on the

Internet, the off-site consequence analysis information, or

any portion of the off-site consequence analysis information,

received under this clause.

(viii) Read-only information technology system. - In

consultation with the Attorney General and the heads of other

appropriate Federal agencies, the Administrator shall establish

an information technology system that provides for the

availability to the public of off-site consequence analysis

information by means of a central data base under the control

of the Federal Government that contains information that users

may read, but that provides no means by which an electronic or

mechanical copy of the information may be made.

(ix) Voluntary industry accident prevention standards. - The

Environmental Protection Agency, the Department of Justice, and

other appropriate agencies may provide technical assistance to

owners and operators of stationary sources and participate in

the development of voluntary industry standards that will help

achieve the objectives set forth in paragraph (1).

(x) Effect on state or local law. -

(I) In general. - Subject to subclause (II), this

subparagraph (including the regulations promulgated under

this subparagraph) shall supersede any provision of State or

local law that is inconsistent with this subparagraph

(including the regulations).

(II) Availability of information under state law. - Nothing

in this subparagraph precludes a State from making available

data on the off-site consequences of chemical releases

collected in accordance with State law.

(xi) Report. -

(I) In general. - Not later than 3 years after August 5,

1999, the Attorney General, in consultation with appropriate

State, local, and Federal Government agencies, affected

industry, and the public, shall submit to Congress a report

that describes the extent to which regulations promulgated

under this paragraph have resulted in actions, including the

design and maintenance of safe facilities, that are effective

in detecting, preventing, and minimizing the consequences of

releases of regulated substances that may be caused by

criminal activity. As part of this report, the Attorney

General, using available data to the extent possible, and a

sampling of covered stationary sources selected at the

discretion of the Attorney General, and in consultation with

appropriate State, local, and Federal governmental agencies,

affected industry, and the public, shall review the

vulnerability of covered stationary sources to criminal and

terrorist activity, current industry practices regarding site

security, and security of transportation of regulated

substances. The Attorney General shall submit this report,

containing the results of the review, together with

recommendations, if any, for reducing vulnerability of

covered stationary sources to criminal and terrorist

activity, to the Committee on Commerce of the United States

House of Representatives and the Committee on Environment and

Public Works of the United States Senate and other relevant

committees of Congress.

(II) Interim report. - Not later than 12 months after

August 5, 1999, the Attorney General shall submit to the

Committee on Commerce of the United States House of

Representatives and the Committee on Environment and Public

Works of the United States Senate, and other relevant

committees of Congress, an interim report that includes, at a

minimum -

(aa) the preliminary findings under subclause (I);

(bb) the methods used to develop the findings; and

(cc) an explanation of the activities expected to occur

that could cause the findings of the report under subclause

(I) to be different than the preliminary findings.

(III) Availability of information. - Information that is

developed by the Attorney General or requested by the

Attorney General and received from a covered stationary

source for the purpose of conducting the review under

subclauses (I) and (II) shall be exempt from disclosure under

section 552 of title 5 if such information would pose a

threat to national security.

(xii) Scope. - This subparagraph -

(I) applies only to covered persons; and

(II) does not restrict the dissemination of off-site

consequence analysis information by any covered person in any

manner or form except in the form of a risk management plan

or an electronic data base created by the Administrator from

off-site consequence analysis information.

(xiii) Authorization of appropriations. - There are

authorized to be appropriated to the Administrator and the

Attorney General such sums as are necessary to carry out this

subparagraph (including the regulations promulgated under

clause (ii)), to remain available until expended.

(8) Research on hazard assessments

The Administrator may collect and publish information on

accident scenarios and consequences covering a range of possible

events for substances listed under paragraph (3). The

Administrator shall establish a program of long-term research to

develop and disseminate information on methods and techniques for

hazard assessment which may be useful in improving and validating

the procedures employed in the preparation of hazard assessments

under this subsection.

(9) Order authority

(A) In addition to any other action taken, when the

Administrator determines that there may be an imminent and

substantial endangerment to the human health or welfare or the

environment because of an actual or threatened accidental release

of a regulated substance, the Administrator may secure such

relief as may be necessary to abate such danger or threat, and

the district court of the United States in the district in which

the threat occurs shall have jurisdiction to grant such relief as

the public interest and the equities of the case may require. The

Administrator may also, after notice to the State in which the

stationary source is located, take other action under this

paragraph including, but not limited to, issuing such orders as

may be necessary to protect human health. The Administrator shall

take action under section 7603 of this title rather than this

paragraph whenever the authority of such section is adequate to

protect human health and the environment.

(B) Orders issued pursuant to this paragraph may be enforced in

an action brought in the appropriate United States district court

as if the order were issued under section 7603 of this title.

(C) Within 180 days after November 15, 1990, the Administrator

shall publish guidance for using the order authorities

established by this paragraph. Such guidance shall provide for

the coordinated use of the authorities of this paragraph with

other emergency powers authorized by section 9606 of this title,

sections 311(c), 308, 309 and 504(a) of the Federal Water

Pollution Control Act [33 U.S.C. 1321(c), 1318, 1319, 1364(a)],

sections 3007, 3008, 3013, and 7003 of the Solid Waste Disposal

Act [42 U.S.C. 6927, 6928, 6934, 6973], sections 1445 and 1431 of

the Safe Drinking Water Act [42 U.S.C. 300j-4, 300i], sections 5

and 7 of the Toxic Substances Control Act [15 U.S.C. 2604, 2606],

and sections 7413, 7414, and 7603 of this title.

(10) Presidential review

The President shall conduct a review of release prevention,

mitigation and response authorities of the various Federal

agencies and shall clarify and coordinate agency responsibilities

to assure the most effective and efficient implementation of such

authorities and to identify any deficiencies in authority or

resources which may exist. The President may utilize the

resources and solicit the recommendations of the Chemical Safety

and Hazard Investigation Board in conducting such review. At the

conclusion of such review, but not later than 24 months after

November 15, 1990, the President shall transmit a message to the

Congress on the release prevention, mitigation and response

activities of the Federal Government making such recommendations

for change in law as the President may deem appropriate. Nothing

in this paragraph shall be interpreted, construed or applied to

authorize the President to modify or reassign release prevention,

mitigation or response authorities otherwise established by law.

(11) State authority

Nothing in this subsection shall preclude, deny or limit any

right of a State or political subdivision thereof to adopt or

enforce any regulation, requirement, limitation or standard

(including any procedural requirement) that is more stringent

than a regulation, requirement, limitation or standard in effect

under this subsection or that applies to a substance not subject

to this subsection.

(s) Periodic report

Not later than January 15, 1993 and every 3 years thereafter, the

Administrator shall prepare and transmit to the Congress a

comprehensive report on the measures taken by the Agency and by the

States to implement the provisions of this section. The

Administrator shall maintain a database on pollutants and sources

subject to the provisions of this section and shall include

aggregate information from the database in each annual report. The

report shall include, but not be limited to -

(1) a status report on standard-setting under subsections (d)

and (f) of this section;

(2) information with respect to compliance with such standards

including the costs of compliance experienced by sources in

various categories and subcategories;

(3) development and implementation of the national urban air

toxics program; and

(4) recommendations of the Chemical Safety and Hazard

Investigation Board with respect to the prevention and mitigation

of accidental releases.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 112, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1685; amended Pub. L.

95-95, title I, Secs. 109(d)(2), 110, title IV, Sec. 401(c), Aug.

7, 1977, 91 Stat. 701, 703, 791; Pub. L. 95-623, Sec. 13(b), Nov.

9, 1978, 92 Stat. 3458; Pub. L. 101-549, title III, Sec. 301, Nov.

15, 1990, 104 Stat. 2531; Pub. L. 102-187, Dec. 4, 1991, 105 Stat.

1285; Pub. L. 105-362, title IV, Sec. 402(b), Nov. 10, 1998, 112

Stat. 3283; Pub. L. 106-40, Secs. 2, 3(a), Aug. 5, 1999, 113 Stat.

207, 208.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment, referred to in subsec. (a)(11), probably

means the date of enactment of Pub. L. 101-549, which amended this

section generally and was approved Nov. 15, 1990.

The Atomic Energy Act, referred to in subsec. (d)(9), probably

means the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as

added by act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and

amended, which is classified generally to chapter 23 (Sec. 2011 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 2011 of this title

and Tables.

The Federal Water Pollution Control Act, referred to in subsecs.

(e)(5) and (m)(1)(D), (5)(D), is act June 30, 1948, ch. 758, as

amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86

Stat. 816, which is classified generally to chapter 26 (Sec. 1251

et seq.) of Title 33, Navigation and Navigable Waters. Title II of

the Act is classified generally to subchapter II (Sec. 1281 et

seq.) of chapter 26 of Title 33. For complete classification of

this Act to the Code, see Short Title note set out under section

1251 of Title 33 and Tables.

The Toxic Substances Control Act, referred to in subsec.

(k)(3)(C), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as

amended, which is classified generally to chapter 53 (Sec. 2601 et

seq.) of Title 15, Commerce and Trade. For complete classification

of this Act to the Code, see Short Title note set out under section

2601 of Title 15 and Tables.

The Federal Insecticide, Fungicide and Rodenticide Act, referred

to in subsec. (k)(3)(C), probably means the Federal Insecticide,

Fungicide, and Rodenticide Act, act June 25, 1947, ch. 125, as

amended generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973,

which is classified generally to subchapter II (Sec. 136 et seq.)

of chapter 6 of Title 7, Agriculture. For complete classification

of this Act to the Code, see Short Title note set out under section

136 of Title 7 and Tables.

The Resource Conservation and Recovery Act, referred to in

subsec. (k)(3)(C), probably means the Resource Conservation and

Recovery Act of 1976, Pub. L. 94-580, Oct. 21, 1976, 90 Stat. 2796,

as amended, which is classified generally to chapter 82 (Sec. 6901

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title of 1976 Amendment note set out under

section 6901 of this title and Tables.

The Safe Drinking Water Act, referred to in subsec. (m)(1)(D),

(5)(D), is title XIV of act July 1, 1944, as added Dec. 16, 1974,

Pub. L. 93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is

classified generally to subchapter XII (Sec. 300f et seq.) of

chapter 6A of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 201 of this

title and Tables.

The Solid Waste Disposal Act, referred to in subsec. (n)(7), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795.

Subtitle C of the Act is classified generally to subchapter III

(Sec. 6921 et seq.) of chapter 82 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 6901 of this title and Tables.

Section 303 of the Clean Air Act Amendments of 1990, referred to

in subsec. (o)(4), probably means section 303 of Pub. L. 101-549,

which is set out below.

The Clean Air Act Amendments of 1990, referred to in subsec.

(q)(1)-(3), probably means Pub. L. 101-549, Nov. 15, 1990, 104

Stat. 2399. For complete classification of this Act to the Code,

see Short Title note set out under section 7401 of this title and

Tables.

The Emergency Planning and Community Right-to-Know Act of 1986,

referred to in subsec. (r)(3), is title III of Pub. L. 99-499, Oct.

17, 1986, 100 Stat. 1728, which is classified generally to chapter

116 (Sec. 11001 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

11001 of this title and Tables.

The Occupational Safety and Health Act, referred to in subsec.

(r)(6)(C)(ii), (K), (L), probably means the Occupational Safety and

Health Act of 1970, Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590,

as amended, which is classified principally to chapter 15 (Sec. 651

et seq.) of Title 29, Labor. For complete classification of this

Act to the Code, see Short Title note set out under section 651 of

Title 29 and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 1857c-7 of this title.

-MISC1-

AMENDMENTS

1999 - Subsec. (r)(2)(D). Pub. L. 106-40, Sec. 2(5), added

subpar. (D).

Subsec. (r)(4). Pub. L. 106-40, Sec. 2, substituted

"Administrator -

"(A) shall consider - "

for "Administrator shall consider each of the following criteria -

" in introductory provisions, redesignated subpars. (A) to (C) as

cls. (i) to (iii), respectively, of subpar. (A) and added subpar.

(B).

Subsec. (r)(7)(H). Pub. L. 106-40, Sec. 3(a), added subpar. (H).

1998 - Subsec. (n)(2)(C). Pub. L. 105-362 substituted "On

completion of the study, the Secretary shall submit to Congress a

report on the results of the study and" for "The Secretary shall

prepare annual reports to Congress on the status of the research

program and at the completion of the study".

1991 - Subsec. (b)(1). Pub. L. 102-187 struck out "7783064

Hydrogen sulfide" from list of pollutants.

1990 - Pub. L. 101-549 amended section generally, substituting

present provisions for provisions which related to: in subsec. (a),

definitions; in subsec. (b), list of hazardous air pollutants,

emission standards, and pollution control techniques; in subsec.

(c), prohibited acts and exemption; in subsec. (d), State

implementation and enforcement; and in subsec. (e), design,

equipment, work practice, and operational standards.

1978 - Subsec. (e)(5). Pub. L. 95-623 added par. (5).

1977 - Subsec. (a)(1). Pub. L. 95-95, Sec. 401(c), substituted

"causes, or contributes to, air pollution which may reasonably be

anticipated to result in an increase in mortality or an increase in

serious irreversible, or incapacitating reversible, illness" for

"may cause, or contribute to, an increase in mortality or an

increase in serious irreversible, or incapacitating reversible,

illness".

Subsec. (d)(1). Pub. L. 95-95, Sec. 109(d)(2), struck out

"(except with respect to stationary sources owned or operated by

the United States)" after "implement and enforce such standards".

Subsec. (e). Pub. L. 95-95, Sec. 110, added subsec. (e).

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which reports required under subsecs. (m)(5), (r)(6)(C)(ii), and

(s) of this section are listed, respectively, as the 8th item on

page 162, the 9th item on page 198, and the 9th item on page 162),

see section 3003 of Pub. L. 104-66, as amended, set out as a note

under section 1113 of Title 31, Money and Finance.

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-TRANS-

DELEGATION OF AUTHORITY

Memorandum of President of the United States, Aug. 19, 1993, 58

F.R. 52397, provided:

Memorandum for the Administrator of the Environmental Protection

Agency

WHEREAS, the Environmental Protection Agency, the agencies and

departments that are members of the National Response Team

(authorized under Executive Order No. 12580, 52 Fed. Reg. 2923

(1987) [42 U.S.C. 9615 note]), and other Federal agencies and

departments undertake emergency release prevention, mitigation, and

response activities pursuant to various authorities;

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

112(r)(10) of the Clean Air Act (the "Act") (section 7412(r)(10) of

title 42 of the United States Code) and section 301 of title 3 of

the United States Code, and in order to provide for the delegation

of certain functions under the Act [42 U.S.C. 7401 et seq.], I

hereby:

(1) Authorize you, in coordination with agencies and departments

that are members of the National Response Team and other

appropriate agencies and departments, to conduct a review of

release prevention, mitigation, and response authorities of Federal

agencies in order to assure the most effective and efficient

implementation of such authorities and to identify any deficiencies

in authority or resources that may exist, to the extent such review

is required by section 112(r)(10) of the Act; and

(2) Authorize you, in coordination with agencies and departments

that are members of the National Response Team and other

appropriate agencies and departments, to prepare and transmit a

message to the Congress concerning the release prevention,

mitigation, and response activities of the Federal Government with

such recommendations for change in law as you deem appropriate, to

the extent such message is required by section 112(r)(10) of the

Act.

The authority delegated by this memorandum may be further

redelegated within the Environmental Protection Agency.

You are hereby authorized and directed to publish this memorandum

in the Federal Register.

William J. Clinton.

Memorandum of President of the United States, Jan. 27, 2000, 65

F.R. 8631, provided:

Memorandum for the Attorney General[, ] the Administrator of the

Environmental Protection Agency[, and] the Director of the Office

of Management and Budget

By the authority vested in me as President by the Constitution

and laws of the United States of America, including section

112(r)(7)(H) of the Clean Air Act ("Act") (42 U.S.C.

7412(r)(7)(H)), as added by section 3 of the Chemical Safety

Information, Site Security and Fuels Regulatory Relief Act (Public

Law 106-40), and section 301 of title 3, United States Code, I

hereby delegate to:

(1) the Attorney General the authority vested in the President

under section 112(r)(7)(H)(ii)(I)(aa) of the Act to assess the

increased risk of terrorist and other criminal activity associated

with the posting of off-site consequence analysis information on

the Internet;

(2) the Administrator of the Environmental Protection Agency

(EPA) the authority vested in the President under section

112(r)(7)(H)(ii)(I)(bb) of the Act to assess the incentives created

by public disclosure of off-site consequence analysis information

for reduction in the risk of accidental releases; and

(3) the Attorney General and the Administrator of EPA, jointly,

the authority vested in the President under section

112(r)(7)(H)(ii)(II) of the Act to promulgate regulations, based on

these assessments, governing the distribution of off-site

consequence analysis information. These regulations, in proposed

and final form, shall be subject to review and approval by the

Director of the Office of Management and Budget.

The Administrator of EPA is authorized and directed to publish

this memorandum in the Federal Register.

William J. Clinton.

-MISC3-

REPORTS

Pub. L. 106-40, Sec. 3(b), Aug. 5, 1999, 113 Stat. 213, provided

that:

"(1) Definition of accidental release. - In this subsection, the

term 'accidental release' has the meaning given the term in section

112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)).

"(2) Report on status of certain amendments. - Not later than 2

years after the date of enactment of this Act [Aug. 5, 1999], the

Comptroller General of the United States shall submit to Congress a

report on the status of the development of amendments to the

National Fire Protection Association Code for Liquefied Petroleum

Gas that will result in the provision of information to local

emergency response personnel concerning the off-site effects of

accidental releases of substances exempted from listing under

section 112(r)(4)(B) of the Clean Air Act (as added by section 3).

"(3) Report on compliance with certain information submission

requirements. - Not later than 3 years after the date of enactment

of this Act, the Comptroller General of the United States shall

submit to Congress a report that -

"(A) describes the level of compliance with Federal and State

requirements relating to the submission to local emergency

response personnel of information intended to help the local

emergency response personnel respond to chemical accidents or

related environmental or public health threats; and

"(B) contains an analysis of the adequacy of the information

required to be submitted and the efficacy of the methods for

delivering the information to local emergency response

personnel."

REEVALUATION OF REGULATIONS

Pub. L. 106-40, Sec. 3(c), Aug. 5, 1999, 113 Stat. 213, provided

that: "The President shall reevaluate the regulations promulgated

under this section within 6 years after the enactment of this Act

[Aug. 5, 1999]. If the President determines not to modify such

regulations, the President shall publish a notice in the Federal

Register stating that such reevaluation has been completed and that

a determination has been made not to modify the regulations. Such

notice shall include an explanation of the basis of such decision."

PUBLIC MEETING DURING MORATORIUM PERIOD

Pub. L. 106-40, Sec. 4, Aug. 5, 1999, 113 Stat. 214, provided

that:

"(a) In General. - Not later than 180 days after the date of

enactment of this Act [Aug. 5, 1999], each owner or operator of a

stationary source covered by section 112(r)(7)(B)(ii) of the Clean

Air Act [42 U.S.C. 7412(r)(7)(B)(ii)] shall convene a public

meeting, after reasonable public notice, in order to describe and

discuss the local implications of the risk management plan

submitted by the stationary source pursuant to section

112(r)(7)(B)(iii) of the Clean Air Act, including a summary of the

off-site consequence analysis portion of the plan. Two or more

stationary sources may conduct a joint meeting. In lieu of

conducting such a meeting, small business stationary sources as

defined in section 507(c)(1) of the Clean Air Act [42 U.S.C.

7661f(c)(1)] may comply with this section by publicly posting a

summary of the off-site consequence analysis information for their

facility not later than 180 days after the enactment of this Act.

Not later than 10 months after the date of enactment of this Act,

each such owner or operator shall send a certification to the

director of the Federal Bureau of Investigation stating that such

meeting has been held, or that such summary has been posted, within

1 year prior to, or within 6 months after, the date of the

enactment of this Act. This section shall not apply to sources that

employ only Program 1 processes within the meaning of regulations

promulgated under section 112(r)(7)(B)(i) of the Clean Air Act.

"(b) Enforcement. - The Administrator of the Environmental

Protection Agency may bring an action in the appropriate United

States district court against any person who fails or refuses to

comply with the requirements of this section, and such court may

issue such orders, and take such other actions, as may be necessary

to require compliance with such requirements."

RISK ASSESSMENT AND MANAGEMENT COMMISSION

Section 303 of Pub. L. 101-549 provided that:

"(a) Establishment. - There is hereby established a Risk

Assessment and Management Commission (hereafter referred to in this

section as the 'Commission'), which shall commence proceedings not

later than 18 months after the date of enactment of the Clean Air

Act Amendments of 1990 [Nov. 15, 1990] and which shall make a full

investigation of the policy implications and appropriate uses of

risk assessment and risk management in regulatory programs under

various Federal laws to prevent cancer and other chronic human

health effects which may result from exposure to hazardous

substances.

"(b) Charge. - The Commission shall consider -

"(1) the report of the National Academy of Sciences authorized

by section 112(o) of the Clean Air Act [42 U.S.C. 7412(o)], the

use and limitations of risk assessment in establishing emission

or effluent standards, ambient standards, exposure standards,

acceptable concentration levels, tolerances or other

environmental criteria for hazardous substances that present a

risk of carcinogenic effects or other chronic health effects and

the suitability of risk assessment for such purposes;

"(2) the most appropriate methods for measuring and describing

cancer risks or risks of other chronic health effects from

exposure to hazardous substances considering such alternative

approaches as the lifetime risk of cancer or other effects to the

individual or individuals most exposed to emissions from a source

or sources on both an actual and worst case basis, the range of

such risks, the total number of health effects avoided by

exposure reductions, effluent standards, ambient standards,

exposures standards, acceptable concentration levels, tolerances

and other environmental criteria, reductions in the number of

persons exposed at various levels of risk, the incidence of

cancer, and other public health factors;

"(3) methods to reflect uncertainties in measurement and

estimation techniques, the existence of synergistic or

antagonistic effects among hazardous substances, the accuracy of

extrapolating human health risks from animal exposure data, and

the existence of unquantified direct or indirect effects on human

health in risk assessment studies;

"(4) risk management policy issues including the use of

lifetime cancer risks to individuals most exposed, incidence of

cancer, the cost and technical feasibility of exposure reduction

measures and the use of site-specific actual exposure information

in setting emissions standards and other limitations applicable

to sources of exposure to hazardous substances; and

"(5) and comment on the degree to which it is possible or

desirable to develop a consistent risk assessment methodology, or

a consistent standard of acceptable risk, among various Federal

programs.

"(c) Membership. - Such Commission shall be composed of ten

members who shall have knowledge or experience in fields of risk

assessment or risk management, including three members to be

appointed by the President, two members to be appointed by the

Speaker of the House of Representatives, one member to be appointed

by the Minority Leader of the House of Representatives, two members

to be appointed by the Majority Leader of the Senate, one member to

be appointed by the Minority Leader of the Senate, and one member

to be appointed by the President of the National Academy of

Sciences. Appointments shall be made not later than 18 months after

the date of enactment of the Clean Air Act Amendments of 1990 [Nov.

15, 1990].

"(d) Assistance from Agencies. - The Administrator of the

Environmental Protection Agency and the heads of all other

departments, agencies, and instrumentalities of the executive

branch of the Federal Government shall, to the maximum extent

practicable, assist the Commission in gathering such information as

the Commission deems necessary to carry out this section subject to

other provisions of law.

"(e) Staff and Contracts. -

"(1) In the conduct of the study required by this section, the

Commission is authorized to contract (in accordance with Federal

contract law) with nongovernmental entities that are competent to

perform research or investigations within the Commission's

mandate, and to hold public hearings, forums, and workshops to

enable full public participation.

"(2) The Commission may appoint and fix the pay of such staff

as it deems necessary in accordance with the provisions of title

5, United States Code. The Commission may request the temporary

assignment of personnel from the Environmental Protection Agency

or other Federal agencies.

"(3) The members of the Commission who are not officers or

employees of the United States, while attending conferences or

meetings of the Commission or while otherwise serving at the

request of the Chair, shall be entitled to receive compensation

at a rate not in excess of the maximum rate of pay for Grade

GS-18, as provided in the General Schedule under section 5332 of

title 5 of the United States Code, including travel time, and

while away from their homes or regular places of business they

may be allowed travel expenses, including per diem in lieu of

subsistence as authorized by law for persons in the Government

service employed intermittently.

"(f) Report. - A report containing the results of all Commission

studies and investigations under this section, together with any

appropriate legislative recommendations or administrative

recommendations, shall be made available to the public for comment

not later than 42 months after the date of enactment of the Clean

Air Act Amendments of 1990 [Nov. 15, 1990] and shall be submitted

to the President and to the Congress not later than 48 months after

such date of enactment. In the report, the Commission shall make

recommendations with respect to the appropriate use of risk

assessment and risk management in Federal regulatory programs to

prevent cancer or other chronic health effects which may result

from exposure to hazardous substances. The Commission shall cease

to exist upon the date determined by the Commission, but not later

than 9 months after the submission of such report.

"(g) Authorization. - There are authorized to be appropriated

such sums as are necessary to carry out the activities of the

Commission established by this section."

[References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7403, 7411, 7413, 7414,

7416, 7417, 7418, 7420, 7422, 7429, 7479, 7511b, 7604, 7607, 7608,

7612, 7616, 7625-1, 7627, 7661, 7661a, 7661f, 9601 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "effects".

(!3) So in original. Probably should be "section".

(!4) So in original. Probably should be paragraph "(7)(B)".

(!5) So in original. Probably should be "subparagraph".

-End-